Fitzwater v. . Warren’s Empirical Analysis
1912
Citation profile
8 federal appellate · 33 state decisions
How this case has been cited
Cited by 45 later decisions — most recently April 1966 · most notably Martin v. Herzog (1920), Dewey Portland Cement Co. v. Blunt (1913)
8 federal appellate · 33 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.
Appellate journey
reviewedBrooks v. City of Rochester
Relationships
Relies on Knisley v. . Pratt · Crown v. . Orr · Davidson v. . Cornell · Dowd v. New York, Ontario & Western Railway Co. · 16 E.H. Smith 399 - Glens Falls Portland Cement Co. v. Travelers' Insurance
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"There seems, at the present day, an effort by constitutional amendment to render, a master liable to his employé for injury received in his employment, though the master has been guilty of no fault whatever, and I feel that such effort is in no small measure due to the tendency evinced at times by the courts to relieve the master, though coneededly at fault, from liability to his employé on the theory that the latter assumed the risk of the master’s fault.’”
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.