Moore v. Smith’s Empirical Analysis
1927
Citation profile
2 federal appellate · 55 state decisions
How this case has been cited
Cited by 61 later decisions — most recently August 1985 · most notably Parrish v. Spink (1969), Carraway v. Graham (1928)
2 federal appellate · 55 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 Anne Sweeney v. William G Errving · Southern Ry. Co. v. Dickson · Robinson v. Crotwell · State v. Housekeeper · Barfield v. South Highlands Infirmary
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A civil action for malpractice against a physician and surgeon may be sustained on proof of a failure to exercise reasonable and ordinary care, diligence and skill in respect to the duty so assumed and undertaken as physician and surgeon — such care and skill as physicians and surgeons in the same general neighborhood, pursuing the same general line of practice, ordinarily employ and exercise in a like case.” Moore et al. v. Smith, 215 Ala. 592 , 111 So. 918 , and numerous cases there cited.”
2 later decisions quote this exact passage““The doctrine of res ipsa loquitur does not apply to the mere fact of a blood infection, however closely, in temporal sequence, it may follow a medical treatment. ‘The burden of proof is not shifted by showing that an unsuccessful result has attended the treatment of the patient by the physician. Nor does the unsuccessful result of the case shift from the plaintiff to the defendant the burden of going forward.’ ””
1 later decision quote this exact passage““A physician or surgeon, unless by express undertaking [and no such undertaking was shown in this case], does not warrant a cure or a successful result, and is not liable for an honest mistake or error of judgment in making a diagnosis, or prescribing a mode of treatment, where the proper course is subject to reasonable doubt.” Moore et al. v. Smith, supra.”
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.