Thaggard v. Vafes’s Empirical Analysis
1928
Citation profile
2 federal appellate · 60 state decisions
How this case has been cited
Cited by 66 later decisions — most recently February 2000 · most notably Roan v. State (1932), Willingham v. State (1954)
2 federal appellate · 60 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 Robinson v. Crotwell · Birmingham Amusement Co. v. Norris · Burnwell Coal Co. v. Setzer · Clemons v. State · Talley v. Whitlock
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The relation of physician and patient is not necessarily contractual, but may be consensual merely, and whether one or the other, when the physician assumes and undertakes to act in this relation, he incurs the consequent duty, exacted of the relation, that in the practice of the profession he will exercise that reasonable and ordinary care, skill, and diligence exercised generally by members of his profession in the same neighborhood, and a failure to observe this degree of care and diligence is negligence. This rule is elementary, and has its foundation in most persuasive considerations of public policy. ... [ Thaggard v. Vafes, 218 Ala. 609 , 119 So. 647 (1928) (emphasis added.) Accord, Hall v. City of Huntsville, supra . ]”
1 later decision quote this exact passage“While the authorities are agreed that ■a mere breach of contract is not a wrongful or negligent act, within the meaning of the statutes giving a right of action for wrongfully causing death, yet they are also agreed that the negligent or tortious breach of a duty to the person whose death is caused thereby is within the statute, though such duty arises out of contract.” (Citations omitted.)”
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.