Dincher v. Marlin Firearms Co.’s Empirical Analysis
198 F.2d 821 · 1952
Citation profile
20 federal appellate · 7 district · 35 state decisions
How this case has been cited
Cited by 71 later decisions — most recently January 2023 · most notably Catz v. Rubenstein (1986), Vilcinskas v. Sears, Roebuck & Co. (1956)
20 federal appellate · 7 district · 35 state decisions — followed in 15 states
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 Guaranty Trust Co. v. York · Guaranty Trust Co. v. York · Ragan v. Merchants Transfer & WareHouse Co. · United States v. Wurts · Schmidt v. Merchants Despatch Transportation Co.
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Except in topsy-turvy land, you can’t die before you are conceived, or be divorced before ever you marry, or harvest a crop never planted, or burn down a house never built, or miss a train running on a non-existent railroad. For substantially similar reasons, it has always heretofore been accepted, as a sort of logical ‘axiom,’ that a statute of limitations does not begin to run against a cause of action before that cause of action exists, i.e., before a judicial remedy is available to a plaintiff.””
14 later decisions quote this exact passage · from the majority““No action to recover damages for injury to the person * * * caused by negligence * * * shall be brought but within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, and except that no such action may be brought more than three years from the date of the act or omission complained of * * * ””
1 later decision quote this exact passage · from the majority““Action founded upon a tort “No action founded upon a tort shall be brought but within three years from the date of the act or omission complained of.””
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.