213 Mo. App. 474 - Smissman v. Wells’s Empirical Analysis
1923
Citation profile
1 state decisions
Relationships
Relies on Gannon v. Laclede Gas Light Co. · Price v. Metropolitan Street Railway Co. · Harrison v. Kansas City Electric Light Co. · Geismann v. Missouri-Edison Electric Co. · Clark v. St. Louis & Suburban Railway Co.
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is urged, however, that the plaintiff, by the allegations in his reply, ‘has lifted his case from the realm of res ipsa loquitur and that the charge is, therefore, not one of general, but of specific negligence, to establish which plaintiff is held to strict proof.’ This position is not sound. The reply herein does not change the theory on which this suit was brought. It simply contains new matter not inconsistent with the petition, constituting a defense to the allegations set up in the answer.””
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.