Berg v. Erickson’s Empirical Analysis
234 F. 817 · 1916
Citation profile
14 federal appellate · 3 district · 9 state decisions
How this case has been cited
Cited by 28 later decisions (1 by the Supreme Court) — most recently November 1993 · most notably Texas Co. v. Hogarth Shipping Co. (1921), Broderick Wood Products Co. v. United States (1952)
14 federal appellate · 3 district · 9 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 Dermott v. Jones · Jacksonville Ry Nav Co v. Hooper · Northern Pacific Railway Company v. American Trading Company · Dial v. Reynolds · Jones v. United States
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is that, although general words, which cannot be reasonably supposed to have been used with reference to the possibility of an event, may not be held to bind one, yet where one, at the time of making his contract, must have known or cquld have reasonably anticipated, and in his contract could have guarded against, the possible happening of the event causing the impossibility of his performance, and nevertheless he makes an unqualified undertaking to perform, he must do so or pay the damages for his failure.””
1 later decision quote this exact passage · from the majority““But no decision of the Supreme Court or of any federal court to this effect has been cited or discovered which goes so far, and the rule adopted by the Supreme Court, which must prevail here, is otherwise.””
1 later decision quote this exact passage · from the majority
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.