Boat Dagny, Inc. v. Todd’s Empirical Analysis
224 F.2d 208 · 1955
Citation profile
26 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 33 later decisions — most recently July 2009 · most notably Wilson v. Maritime Overseas Corp. (1998), Peymann v. Perini Corp. (1974)
26 federal appellate · 1 district · 2 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
Applies 45 U.S.C. § 51 (Federal Employers' Liability Act) · 45 U.S.C. § 54 (Federal Employers' Liability Act)
Relies on Tiller v. Atlantic Coast Line Railroad · Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co. · Smith v. Westchester County Bar Ass'n · Unadilla Valley Railway Co. v. Caldine · Davis v. Kennedy
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]e cannot find in the Act any suggestion that the Congress had in mind this refinement between the two species of contributory fault. It is significant that Judge Hand felt himself to be bound by cases which were decided before the 1939 amendment to the Federal Employer's Liability Act, which plugged up what Congress deemed to be a leak in he original Act, by abolishing specifically the defense of assumption of risk.”
2 later decisions quote this exact passage“Following the enactment of the 1939 amendment, the Supreme Court held that every vestige of the doctrine of assumption of risk was obliterated from the law and that the `primary duty rule' ... had been swept into discard.”
1 later decision quote this exact passage“the application of the `primary duty rule' in which contributory negligence through a violation of a company rule became assumption of the risk.”
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.