Norfolk & Western Railway Co. v. Earnest’s Empirical Analysis
229 U.S. 114 · 1913
Citation profile
85 federal appellate · 5 district · 152 state decisions
How this case has been cited
Cited by 289 later decisions (22 by the Supreme Court) — most recently August 1995 · most notably Palmer v. Hoffman (1943), Ferguson v. Moore-McCormack Lines, Inc. (1957)
85 federal appellate · 5 district · 152 state decisions — followed in 29 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 Mondou v. New York, New Haven & Hartford Railroad · Michigan Central Railroad v. Vreeland · McDermott v. Severe · Baltimore Co v. Mackey
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 289 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... [T]he statutory direction that the diminution shall be 'in proportion to the amount of negligence attributable to such employee' means, and can only mean, that, where the causal negligence is partly attributable to him and partly to the carrier, he shall not recover full damages, but only a proportional amount, bearing the same relation to the full amount as the negligence attributable to the carrier bears to the entire negligence attributable to both....”
11 later decisions quote this exact passage · from the majority““Not improbably the mistake in the instruction was purely verbal, and would have been promptly corrected had attention been specially called to it, and possibly it was not prejudicial to the defendant. But, be that as it may, the record discloses that full opportunity for presenting objections was afforded, and that the one now pointed out was not made. We must therefore apply the rule that where an instruction embodies several propositions of law, to some of which no objection properly could be taken, a general exception to the entire instruction will not entitle the exceptor to take advantage of a mistake or error in sonie single or minor proposition therein.””
2 later decisions quote this exact passage · from the concurrence
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.