Farber v. Smolack’s Empirical Analysis
1967
Citation profile
19 federal appellate · 3 district · 16 state decisions
How this case has been cited
Cited by 84 later decisions — most recently February 2015 · most notably Patch v. Stanley Works (1971), Dreher v. Budget Rent-A-Car System, Inc. (2006)
19 federal appellate · 3 district · 16 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 Whitford v. . the Panama Railroad Company · Leonard v. . Columbia Steam Navigation Co. · Hartley v. Smith · Travis v. Duckworth · Baldwin v. Powell
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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hen a fatal accident occurs out of State and New York is ... the jurisdiction having “the most significant relationship” with the issue presented, [Section 388] determines the rights of the victim’s survivors. To the extent that earlier decisions declined to give extraterritorial effect to the statute, they are overruled.”
3 later decisions quote this exact passage““Nor should we place undue emphasis on the term to which reference has been made ‘in this state’ in the statute. It is clear that in adding the words ‘in this state’ to the predecessor of subdivision 1 of section 388 . . ., the Legislature was not concerned with extraterritorial effect. It was substituting ‘in this state’ for the former words ‘upon a public highway’ in order to cover the situation of an accident on private roadways and parking lots. ...” 229 N.E.2d at 39 .”
2 later decisions quote this exact passage“The transitory use of the car does not necessarily impose the law of the State of transit on this relationship and, in this respect, the local law of the State of transit as to permissive use of the motor vehicle by its owner is not essentially different in its New York consequence from the law of the State of transit relating to liability to a gratuitous guest considered in Babcock . In addressing ourselves to the policy of treating this sort of transitory tort arising entirely from New York relationships as governed by New York law, there is no logical basis to distinguish the application to out-of-State accidents of the New York law of liability to gratuitous guests and the New York law of liability arising from permissive use of a vehicle. [ Id. 282 N.Y.S. 2d at 252 , 229 N.E. 2d at 39 .]”
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.