Dacus v. Miller’s Empirical Analysis
1971
Citation profile
1 state decisions
Relationships
Relies on George Foltis, Inc. v. City of New York · Vespe v. DiMarco · Turk v. H. C. Prange Co. · Waterway Terminals Co. v. P. S. Lord Mechanical Contractors · 144 Ohio St. 1 - Fink v. New York Central Rd.
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"You must decide the following questions concerning the injury involved in this case. "Is it the kind of injury which ordinarily does not occur in the absence of negligence? "Was the injury caused while the plaintiff was exclusively under the care or control of the defendants? The plaintiff is not required to identify the particular agency or instrumentality which caused the injury if he is unable to do so because of his physical condition at the time the operation was performed. "Was the injury due to any voluntary action or contribution on the part of the plaintiff? "The mere fact that a particular injury does not ordinarily result from the operation and anesthesia in question does not in and of itself prove that it was caused by negligence. "If, and only if you find that the plaintiff's injury was of a kind which ordinarily does not occur in the absence of negligence, was caused while the plaintiff was exclusively under the care or control of defendants, and was not due to any voluntary action or contribution by the plaintiff, you are instructed as follows: "From the happening of the injury involved in this case, an inference may arise that a proximate cause of the occurrence was some negligent conduct on the part of the defendants. Such an inference is a form of evidence, and unless there is contrary evidence sufficient to meet or balance it, the jury should find in accordance with the inference. "When there is any evidence to the contrary, you must weigh all of the evide”
1 later decision quote this exact passagee.g. Thorp v. Corwin“some instrumentality within the control of defendant.”
1 later decision quote this exact passagee.g. Thorp v. Corwin“some negligent conduct on the part of the defendant.”
1 later decision quote this exact passagee.g. Thorp v. Corwin
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.