Yates v. Gamble’s Empirical Analysis
1936
Citation profile
6 federal appellate · 1 district · 25 state decisions
How this case has been cited
Cited by 32 later decisions — most recently July 2018 · most notably Hestbeck v. Hennepin County (1973), Donna Walstad and Lawrence Walstad v. University of Minnesota Hospitals and C. Walton Lillehei, Donna Walstad and Lawrence Walstad v. Charles A. Murray, M.D., Carlos Ibarra, M.D., and Russell Stasiuk, M.D. (1971)
6 federal appellate · 1 district · 25 state decisions
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 Gunning v. Cooley · Pennsylvania Co v. Chamberlain · Chicago St Ry Co v. Coogan · Ewing v. Goode · Staloch v. Holm
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * * A physician and surgeon is not an insurer of a cure or good result of his treatment or operation. He is only required to possess the skill and learning possessed by the average member of his school of the profession in good standing in his locality, and to apply that skill and learning with due care. [Citing cases.]””
2 later decisions quote this exact passage““The court should direct a verdict for defendant if upon all the evidence it would be the manifest duty of the court to set aside a verdict against him. Giermann v. St. P. M. & M. Ry. Co. 42 Minn. 5 , 43 N. W. 483 ; Pennsylvania R. Co. v. Chamberlain, 288 U. S. 333 , 53 S. Ct. 391 , 77 L. ed. 819.””
2 later decisions quote this exact passage““The burden is on plaintiff to show that it is more probable that the harm resulted from some negligence for which defendant Avas responsible than in consequence of something for which he was not responsible.””
1 later decision quote this exact passage
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.