Davis v. Jessup’s Empirical Analysis
1962
Citation profile
36 state decisions
How this case has been cited
Cited by 38 later decisions — most recently December 2006 · most notably Hairston v. Alexander Tank & Equipment Co. (1984), Kanoy v. Hinshaw (1968)
36 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 Aldridge Ex Rel. Aldridge v. Hasty · Butner v. . Spease · Butner v. Spease · Bryant v. Woodlief · Harper v. . Harper and Wickham v. . Harper
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[E]xcept in cases so clear that there can be no two opinions among men of fair minds, the question should be left to the jury to determine whether the intervening act and the resultant injury were such that the author of the original wrong could reasonably have expected them to have occurred as a result of his own negligent act.””
2 later decisions quote this exact passage“"The plaintiffs' first assignment of error is to the consolidation of these actions for trial. The trial court possesses the discretionary power in proper cases to order the consolidation of actions for trial. Mcintosh, North Carolina Practice and Procedure, 2nd Ed., Vol. I, Section 1342; Peeples v. Seaboard Air Line R. R. Co., 228 N.C. 590 , 46 S.E.2d 649 , and cited cases. Moreover, when the consolidation of actions for the purpose of trial is assigned as error, the appellant must show injury or prejudice arising therefrom. Here, both actions grew out of the same accident, and in essence the complaints are identical, and so are the answers. The same defenses are interposed, the plaintiffs used the same witnesses, and the evidence was the same except on the question of damages. Both actions were against the same defendant, and both plaintiffs were represented by the same attorneys. Furthermore, it has not been shown on this record that the appellants were injured or prejudiced by the order of consolidation. This assignment of error is overruled."”
1 later decision quote this exact passagee.g. Kanoy v. Hinshaw
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.