Addy v. Bolton’s Empirical Analysis
1971
Citation profile
6 federal appellate · 54 state decisions
How this case has been cited
Cited by 88 later decisions — most recently August 2015 · most notably Sloan Construction Co. v. Central National Insurance (1977), Vermeer Carolina's, Inc. v. Wood/Chuck Chipper Corp. (1999)
6 federal appellate · 54 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 Atlantic Coast Line Railroad v. Whetstone · North Carolina Electric Power Co. v. French Broad Manufacturing 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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]n actions of indemnity, brought where the duty to indemnify is either implied by law or arises under contract ... reasonable attorneys' fees incurred in resisting the claim indemnified against may be recovered as part of the damages and expenses.”
7 later decisions quote this exact passagee.g. Fairbanks North Star Borough v. Roen Design Associates, Inc. · R.W. Beck & Assoc. v. City and Borough of Sitka, and Providence Washington Insurance Company v. Western World Insurance Company, Admiral Insurance Company v. Estate of McKinley Nicholas, R.W. Beck & Assoc. v. City and Borough of Sitka, and Providence Washington Insurance Company v. Western World Insurance Company, Admiral Insurance Company v. Estate of McKinley Nicholas“[W]here the wrongful act of the defendant has involved the plaintiff in litigation with others or placed him in such relation with others as makes it necessary to incur expense to protect his interest, such costs and expenses, including attomeyt’s] fees, should be treated as the legal consequences of the original wrongful act and may be recovered as damages. In order to recover attorney[’s] fees under this principle, the plaintiff must show: (1) that the plaintiff had become involved in a legal dispute either because of a breach of contract by the defendant or because of [the] defendant’s tortious conduct; (2) that the dispute was with a third party — not with the defendant; and (3) that the plaintiff incurred attorney[’s] fees connected with that dispute. If the attorneyfs] fees were incurred as a result of a breach of contract between plaintiff and defendant, the defendant will be deemed to have contemplated that his breach might cause plaintiff to seek legal services in his dispute with the third party.”
2 later decisions quote this exact passage“Ordinarily, if one person is compelled to pay damages because of negligence imputed to him as the result of a tort committed by another, he may maintain an action over for indemnity against the person whose wrong had thus been imputed to him; but this is subject to the proviso that no personal negligence of his own has joined in causing the injury.”
2 later decisions 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.