Hall v. Murphy’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 35 state decisions

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

1. “We have no difficulty in concluding that a foetus having reached that period of prenatal maturity where it is capable of independent life apart from its mother is a person and if such a child is injured, it may after birth maintain an action for such injuries. A few courts have gone further and held that such an action may be maintained even if the infant had not reached the state of a viable foetus at the time of the injury. [Citations omitted.] This question is not presented and we intimate no opinion thereabout. Our decision is limited to liability for prenatal injuries to a viable child born alive.”

   1 later decision quote this exact passage
   e.g. Albert J. Todd, as Administrator of the Estate of Baby Todd, Deceased v. Sandidge Construction Company, a Corporation

2. ““Having concluded that had (the child) lived, she could have maintained an action for any prenatal injury caused by defendant’s negligence, it follows that the two, actions (personal injury and wrongful death) now under consideration could be brought by her administrator.” (Interpolation ours.) 236 S. C. 263, 113 S. E. (2d) 793 .”

   1 later decision quote this exact passage
   e.g. Fowler v. Woodward