Hutter v. Hommel’s Empirical Analysis
1931
Citation profile
2 federal appellate · 40 state decisions
How this case has been cited
Cited by 42 later decisions — most recently March 2005 · most notably 38 Cal. 3d 18 - Mann v. Cracchiolo (1985), 45 Cal. 2d 811 - Seneris v. Haas (1955)
2 federal appellate · 40 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 Treadwell v. Nickel · Darling v. Pacific Electric Railway Co. · People v. Hill
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We might add that we are cited to no rule obtaining in this jurisdiction and know of none which would preclude a physician trained in one medical school from testifying in a proper case as to the treatment rendered by a physician or surgeon trained in a different school. Such a rule might be promulgated where charges of negligence in a malpractice case are directed to some special sort of treatment to be tested by the general application of a particular school, but it is not applicable to a case of this character where the alleged malpractice is based upon general charges of negligence relating to matters of almost common observation within the experience of every physician and surgeon. " ( Id. at pp. 681-682, 3 P.2d 554 , emphasis added.) As we just noted, the "commonality”
1 later decision quote this exact passage“returned to the work without cleansing or sterilizing his hands; ... he had no assistance for the operation other than that he called on [the patient's] husband to hold with an instrument a portion of the exposed cyst after the cutting started; ... her husband's hands were neither cleansed nor sterilized; ... during the operation the cyst was broken and the pus ... ran over the skin and upon [the patient's] eyelid and eyeball but [the doctor] made no effort to remove the fluid which penetrated the eye other than to wipe the surface of the lid with cotton....”
1 later decision quote this exact passage“commenced to slough and decay; ... about eight days after the operation [the doctor] amputated a portion of the affected eyelid by taking a pair of scissors from his pocket and, apparently without sterilization thereof, cutting off a portion of the eyebrow; [the doctor] failed to draw or fasten the eyelids together with the result that the eyeball was exposed for a period of approximately two months and an ulcer ... formed thereon....”
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.