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← 223 Ind. 232 - Pettibone v. Moore

Pettibone v. Moore’s Empirical Analysis

1945

Citation profile

21
cited by 21 later decisions
2
states following
September 1997
most recently cited

19 state decisions

How this case has been cited

Cited by 21 later decisions — most recently September 1997

19 state decisions

60194519501960197019801990decided

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 Lake Erie & Western Railroad v. Charman · Fink v. Peden · Memphis & Cincinnati Packet Co. v. Pikey · Ghilain v. Couture · Yelton v. Evansville & Indianapolis Railroad

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

  1. “"The appointment of the administrator in this case could not possibly have any effect upon the decedent's estate, as said estate has no interest whatsoever in the prosecution or the result of the suit to be brought, and the assets of the general estate are not liable for the costs or other charges incurred in the prosecution of the same. Yelton, Admr. v. The Evansville, etc., R. Co. (1893), 134 Ind. 414 , 33 N.E. 629 . In a case like the present one, the administrator is not appointed for the estate, but merely for the purpose of acting as a trustee in bringing suit. In fact, death claims can be settled by the beneficiaries without the intervention of an administrator or personal representative. Fink v. Peden (1938), 214 Ind. 584 , 17 N.E.2d 95 ; Pittsburg, etc., Ry. Co. v. Gipe, Admr. (1903), 160 Ind. 360 , 65 N.E. 1034 ."”
    2 later decisions quote this exact passage
  2. ““Although our courts have uniformly held the term ‘personal representative’ in this section of the statute means the general administrator of the decedent’s estate, and that he is the only person authorized to bring such suit up until there has been a final settlement and the estate is closed, yet it has also been uniformly held by this court that in bringing such suit such administrator is not acting as an administrator but as a trustee for those” entitled to damages arising from such action.” Citing authorities.”
    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.