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← 22 CAL2D 72 - Clinkscales v. Carver

Clinkscales v. Carver’s Empirical Analysis

1943

Citation profile

109
cited by 109 later decisions
8
states following
August 2011
most recently cited

6 federal appellate · 103 state decisions

How this case has been cited

Cited by 109 later decisions — most recently August 2011 · most notably Greenman v. Yuba Power Products, Inc. (1963), Satterlee v. Orange Glenn School District (1947)

6 federal appellate · 103 state decisions

30019431950196019701980199020002010decided

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 Berkovitz v. American River Gravel Co. · Burlie v. Stephens · Tedla v. Ellman · Cragg v. Los Angeles Trust Co. · Osborne v. McMasters

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 109 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[t]he significance of the statute in a civil suit for negligence lies in its formulation of a standard of conduct that the court adopts in the determination of such liability. The decision as to what the civil standard should be still rests with the court, and the standard formulated by a legislative body in a police regulation or criminal statute becomes the standard to determine civil liability only because the court accepts it.... When a legislative body has generalized a standard from the experience of the community and prohibits conduct that is likely to cause harm, the court accepts the formulated standards and applies them, except where they would serve to impose liability without fault.”
    3 later decisions 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.