McElroy v. Luster’s Empirical Analysis
1953
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently February 2002
14 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 McIver v. Gloria · Commonwealth v. Costley · Fisher v. Coastal Transport Co. · Donk Bros. Coal & Coke Co. v. Thil · 11 Cal. App. 138 - Scally v. W. T. Garratt & 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The use of the terms ‘reasonably certain’ in defining the degree of proof required of the defendant, was clearly objectionable. ‘Certain’ means ‘free from doubt,’ (Webst. Diet, word ‘certain;’) and to say that proof of a fact must be made reasonably certain is by the literal import of the words tantamount to saying the proof must be made beyond a reasonable doubt. This has been expressly held as to the phrase ‘moral certainly,' * * * which we take it is equivalent to the words ‘reasonable certainty,’ * *”
1 later decision quote this exact passage“We realize that this is a close point and we have given it serious consideration ...”
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.