Smith v. O'Donnell’s Empirical Analysis
1932
Citation profile
14 federal appellate · 3 district · 48 state decisions
How this case has been cited
Cited by 71 later decisions — most recently July 2009 · most notably 25 Cal. 2d 486 - Ybarra v. Spangard (1944), 45 Cal. 2d 811 - Seneris v. Haas (1955)
14 federal appellate · 3 district · 48 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 Judson v. Giant Powder Co. · Best Park & Amusement Co. v. Rollins · O'Connor v. Mennie · Champagne v. A. HamBurger & Sons, Inc. · O'Callaghan v. Dellwood Park 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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““1. That Hanson Aviation, Inc. undertook either expressly or by course of conduct generally and for all persons indifferently to carry and deliver them for hire, so long as it had room.” 1”
2 later decisions quote this exact passage“If the craft [an airplane] be employed as a common carrier vehicle, it is not a reason for applying different rules of liability to say that it and the industry is new. If too new, a conclusion we think unfounded, should not its owner either decline to use it for the purpose, or assume the liability incident to the use to which he puts it?”
1 later decision quote this exact passage“Why is not this rule (the rule of liability applying to common carriers) applicable to those operating cars upon a scenic railway such as the one here in question? The passengers carried therein are subject to great risk to life and limb. The steep inclines, sharp curves, and great speed necessarily are sources of peril.”
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.