Grady v. Irvine’s Empirical Analysis
254 F.2d 224 · 1958
Citation profile
26 federal appellate · 5 district · 5 state decisions
How this case has been cited
Cited by 51 later decisions — most recently September 2006 · most notably Carlton v. Baww, Inc. (1985), Wilson v. Whittaker (1967)
26 federal appellate · 5 district · 5 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 Smith v. Sperling · Mecom v. Fitzsimmons Drilling Co. · Mullen v. Torrance · Anderson v. Hygeia Hotel Co.
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For purposes of federal jurisdiction, the requirement of diversity of citizenship is ordinarily determined by the situation existing at the time the action is commenced. Once federal jurisdiction has attached, it is not defeated by a subsequent change in the citizenship of one of the parties, Mollan [Mullen] v. Torrance, 9 Wheat. 537, 6 L.Ed. 154, nor by a formal substitution of a personal representative of nondiverse citizenship for an original party who dies while the cause is pending. Smith v. Sperling, 354 U.S. 91 , 77 S.Ct. 1112, 1 L.Ed.2d 1205.”
1 later decision quote this exact passage · from the majority“Unlike the courts of many other states, the Supreme Court of Virginia construes its wrongful death statute as creating no new “cause of action” but a “right of action” where no right before existed. The “cause of action” is said to be complete and accrued the moment the tort is committed, but the “right of action” for wrongful death does not arise during the continued life of the injured person, nor does the injured person’s “right of action” for personal injury survive his death, if death results from the injury.”
1 later decision quote this exact passage · from the majority“The conversion of an action for personal injury into one for wrongful death is much more than a formal substitution of a party under Rule 25(a), Federal Rules of Civil Procedure. Allowed as a supplemental bill under Rule 15(d), it was such a new and different action, in complete substitution for the old and for the benefit of persons having no interest in the former action, as to call for a new determination of the basis of federal jurisdiction.”
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.