Atlantic Coast Line R. Co. v. Key’s Empirical Analysis
196 F.2d 64 · 1952
Citation profile
29 federal appellate ·
How this case has been cited
Cited by 31 later decisions — most recently January 2006 · most notably Barbara R. Gross v. Southern Railway Company, Nancy Ruth Canipelli v. Southern Railway Company (1969), Rhodes v. Interstate Battery System of America, Inc. (1984)
29 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 19 Ga. App. 413 - Central of Georgia Railway Co. v. Larsen · 68 Ga. App. 637 - Callaway v. Pickard · 35 Ga. App. 528 - Central of Georgia Railway Co. v. Barnett · Louisville & Nashville Railroad v. Stafford
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * * [Q]uestions as to whether the plaintiff could, by the exercise of ordinary care, have avoided the consequenees of the defendant’s negligence after it had, or should have, become known, are such as lie peculiarly within the province of the jury to determine (L[ouisville] & N. R. Co. v. Stafford, 146 Ga. 206 , 91 S.E. 29 ; Central of Ga. Ry. Co. v. Larsen, 19 Ga.App. 413 , 91 S.E. 517 ; Central of Ga. Ry. Co. v. Barnett, 35 Ga.App. 528 [1], 530 [1], 134 S.E. 126 )”. Reed v. Southern Railway Co., supra. [ 37 Ga.App. 550 , 140 S.E. 921, 923 .] Such questions will not be determined by the Court as a matter of law, except in plain and undisputed cases. Callaway v. Pickard, supra. [ 68 Ga.App. 637, 642 , 23 S.E.2d 564, 570 .] Cf. Seaboard Air Line R. Co. v. Deese, 5 Cir., 185 F.2d 290 . * * *.”
1 later decision quote this exact passage · from the majority“No person shall recover damages from a railroad company for injury to himself or his property where the same is done by his consent or is caused by his own negligence. If the complainant and the agents of the company are both at fault, the former may recover, but the damages shall be diminished by the jury in proportion to the amount of fault attributable to him.”
1 later decision quote this exact passage · from the majority“If the plaintiff by ordinary care could have avoided the consequences to himself caused by the defendant's negligence, he is not entitled to recover. In other cases the defendant is not relieved, although the plaintiff may in some way have contributed to the injury sustained.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.