Acuff v. Schmit’s Empirical Analysis
1956
Citation profile
17 federal appellate · 2 district · 40 state decisions
How this case has been cited
Cited by 64 later decisions (1 by the Supreme Court) — most recently August 1991 · most notably 12 Cal. 3d 382 - Rodriguez v. Bethlehem Steel Corp. (1974), American Export Lines, Inc. v. Alvez (1980)
17 federal appellate · 2 district · 40 state decisions — followed in 17 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 Hitaffer v. Argonne Co. · Marri v. Stamford Street Railroad Co. · 88 Ga. App. 519 - Brown v. Georgia-Tennessee Coaches, Inc. · Pratt v. Daly · Nolin v. Pearson
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“conjugal fellowship of husband and wife; and the right of each to the company, cooperation, affection and aid of the other in every conjugal relation”
5 later decisions quote this exact passage“In any action for damages because of the wrongful or negligent injury or death of a woman, there shall be no disabilities or restrictions, and recovery may be had on account thereof in the same manner as in cases of damage because of the wrongful or negligent injury or death of a man. In addition she, or her administrator for her estate, may recover for physician's services, nursing and hospital expense, and in the case of both women and men, such person, or the appropriate administrator, may recover the value of services and support as spouse or parent, or both, as the case may be, in such sum as the jury deems proper; provided, however, recovery for these elements of damage may not be had by the spouse and children, as such, of any person who, or whose administrator, is entitled to recover same.”
2 later decisions quote this exact passage““The law moves in halting steps and not equally on all fronts. It proceeds from the simpler cases, such as the intentional infringements, to those more difficult. So it has done with respect to the interest known as consortium. The husband’s action, in the earliest cases, was permitted for loss of consortium due to an intentional injury. This was the first stage of recovery. At a later date the action was extended to the second stage recovery for an injury negligently inflicted. Generally speaking, the rights of the wife, as respects her cause of action for loss of her husband’s consortium, are still in what we referred to above as the ‘first stage of recovery.’ She can today perhaps recover for loss of consortium where the defendant acted maliciously or intentionally, but she still may not recover where the injury was merely negligently inflicted. Possibly it will take the majority of our courts, also, as it did the English courts, scores of decades to move into the second stage of recovery, though it is to be hoped that justice will not be so long deferred. “Relief is extended the wife in the intentional cases, supra, for one basic reason, the interest of society in the protection of the family as the social unit upon which, at least in this country, society rests. Our concern is not with the family of the middle ages, with its tyrannies and abuses, but with the family of today. If this is the interest to be protected, and we conclude that it is, the law’s protection should”
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.