Smith v. Cooper’s Empirical Analysis
1970
Citation profile
2 federal appellate · 32 state decisions
How this case has been cited
Cited by 40 later decisions — most recently December 2005 · most notably 72 Wis. 2d 282 - Lister v. Board of Regents of the University of Wisconsin System (1976), Enghauser Manufacturing Co. v. Eriksson Engineering Ltd. (1983)
2 federal appellate · 32 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
Applies 28 U.S.C. § 2680
Relies on Dalehite v. United States · 55 Cal. 2d 211 - Muskopf v. Corning Hospital District · Gregoire v. Biddle · Albrecht v. Indiana Harbor Belt Railroad · 55 Cal. 2d 224 - Lipman v. Brisbane Elementary School District
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The most decisive factor but one most difficult to articulate is that it is essential for efficient government that certain decisions of the executive or legislative branches of the government should not be reviewed by a court or jury. The reason behind such factor is that the bases for the legislative or executive decision can cover the whole spectrum of the ingredients for governmental decisions such as the availability of funds, public acceptance, order of priority, etc.”
7 later decisions quote this exact passage“"`* * * In defining these two classes of official duties, it is said that ministerial or mandatory duties, "are such as a person performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to, or the exercise of, his own judgment upon the propriety of the act being done," while discretionary or judicial duties are "such as necessarily require the exercise of reason in the adaptation of means to an end, and discretion in determining how or whether the act shall be done or the course pursued," and that ministerial duties may be delegated while duties involving the exercise of discretion in the public weal cannot. 43 C.J.P. 713. * * *'" 256 Or. at 497 , 475 P.2d at 84 .”
1 later decision quote this exact passage“"We have used the term `generally immune' in the realization that it is conceivable that a complainant could allege and prove a defect in design or planning that could adequately and appropriately be passed upon by a judge or jury, for example, ludicrous for the sake of clarity, a road designed so that it ended at the edge of a cliff. * * *" 256 Or. at 511 , 475 P.2d at 90 .”
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.