El Paso Northeastern Railway Company v. Enedina Gutierrez’s Empirical Analysis
215 U.S. 87 · 1909
Citation profile
46 federal appellate · 43 district · 58 state decisions
How this case has been cited
Cited by 267 later decisions (23 by the Supreme Court) — most recently August 2022 · most notably United States v. Booker (2004), Mondou v. New York, New Haven & Hartford Railroad (1912)
46 federal appellate · 43 district · 58 state decisions — followed in 20 states
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 St Louis Iron Mountain Southern Railway Company v. May Taylor W · Wabash Railroad Company v. Adelbert College of the Western Reserve University · Employers' Liability Cases · Atchison Topeka Santa Fe Railway Company v. George a Sowers
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 267 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]henever an act of Congress contains unobjectionable provisions separable from those found to be unconstitutional, it is the duty of this court to so declare, and to maintain the act in so far as it is valid.”
11 later decisions quote this exact passage · from the majority““That every common carrier engaged in trade or commerce in the District of Columbia, or in any territory of the United States, or between the several states, or between any territory and another, or between any territory or territories and any state or states, or the District of Columbia, or with foreign nations, or between the District of Columbia and any state or states or foreign nations, shall be liable to any of its employes, or, in the case of his death, to his personal representative for the benefit of his widow and children, if any, if none, then for his parents, if none, then for his next of kin dependent upon him, for all damages which may result from the negligence of any of its officers, agents, or employes, or by reason of any defect or insufficiency due to its negligence in its cars, engines, appliances, machinery, track, roadbed, ways, or works.””
2 later decisions quote this exact passage · from the majority““It remains to inquire whether it is plain that Congress would have enacted the legislation had the act been limited to the regulation of the liability to employees engaged in commerce within the District of Columbia and the territories. If we are satisfied that it would not, or that the matter is in such doubt that we are unable to say what Congress would have done omitting the unconstitutional feature, then the statute must fall.””
2 later decisions quote this exact passage · from the majority
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.