Butler v. Molinski’s Empirical Analysis
1955
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently May 2015
11 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 Rolater v. Strain · 30 Tenn. App. 294 - Johnson v. Ely. No. 4 · Hershey v. Peake · Cady v. Fraser · 23 Tenn. App. 54 - Calhoun v. Fraser
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The courts have properly made a distinction between actions for damages for negligent malpractice and unauthorized performance of an operation. Thus in Cady v. Fraser, 1950, 122 Colo. 252 , 222 P.2d 422, 424 , it is said: ‘Negligence in treatment, as alleged in the complaint, and treatment without employment present basically different claims. Hershey v. Peake, 115 Kan. 562 , 223 P. 1113 , and Rolater v. Strain, 39 Okl. 572 , 137 P. 96 , 50 L.R.A.,N.S., 880. The one is based on the existence of a contract and authority for service, and the other upon the lack of such contract or authority. The one is based on lack of care or skill in the performance of services contracted for, and the other on wrongful trespass on the person regardless of the skill or care employed. The assertion of one is a denial of the other.’ ” (Supra, pp. 131, 132, 277 S.W.2d p. 451)”
1 later decision quote this exact passage · from the majoritye.g. Ray v. Scheibert
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.