Smith v. Corsat’s Empirical Analysis
1963
Citation profile
45 state decisions
How this case has been cited
Cited by 45 later decisions — most recently September 2008 · most notably Bowen v. Gardner (1969), 114 Ill. App. 3d 720 - Robinson v. Greeley & Hansen (1983)
45 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 Steitz v. Gifford · Bell v. Yellow Cab Co. · Offensend v. Atlantic Refining Co. · Owens v. Kelly · Binder v. General Motors Acceptance Corp.
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“. . where the business is small and the income which it produces is principally due to the personal services and attention of the owner, the earnings of the business may afford a reasonable criterion to the owner’s earning power. Bell v. Yellow Cab Co., 160 A. 2d 437 (Pa. 1960); 15 Am. Jur., Damages, § 96, p. 506; 12 A.L.R. 2d 292 . In cases where it is not established that the employment of capital, the use of labor of others, or similar variable factors were predominant in the injured person’s business or determinative, for the most part, of the receipts realized, it is held that evidence of profits, in a restricted sense, or income (even if one or more of the factors mentioned were present and influential) may be used for the purpose of aiding in establishing a standard for the calculation of damages, if it conforms to the requirements of proximate cause and certainty. It has some bearing upon the question of damages, whether of loss of time or loss or diminution of earning capacity. Such evidence furnishes as safe a guide for the jury, under proper cautionary instructions, as may be found, in the assessment of damages, and becomes useful in helping to determine the pecuniary value of loss of time or impairment of earning capacity.” (Citing cases).”
3 later decisions quote this exact passage“In personal injury actions great latitude is allowed in the introduction of evidence to aid in determining the extent of the damages, and as a broad general rule any evidence which tends to establish the nature, character and extent of injuries which are the natural and proximate consequences of the tort-feasor’s acts is admissible in such actions, if otherwise competent. ... In determining future earning capacity, prior earnings are admissible in evidence if there is a reasonable relation between past and probable future earnings. . . . It is a generally accepted proposition that evidence of the profits of a business in which the injured party in a personal damage suit is interested, which depend for the most part upon the employment of capital, the labor of others, and similar variable factors, is inadmissible in such suit and cannot be considered for the purpose of establishing the pecuniary value of lost time or diminution of earning capacity, for the reasons that a loss of such profits is not the necessary consequence of the injury and such profits are uncertain and speculative. In such circumstances loss of profits cannot be considered either as an element or the measure of damages. In such case, the measure of damages is the loss in value of the injured person’s services in the business. “Profits” and “earnings” are not synonymous. Loss of personal earnings is properly considered as an element of measure of damages. . . . However, where the business is small and the in”
1 later decision quote this exact passage“[Compensation for lost earning capacity is recoverable when such loss is “the immediate and necessary consequence[] of [an] injury.” In determining the appropriate amount of compensation for such loss, “[t]he age and occupation of the injured person, the nature and extent of his employment, the value of his services and the amount of his income at the time, whether from fixed wages or salary, are matters properly to be considered by the jury[,]” and “great latitude” is allowed in the introduction of such evidence. “The right of cross-examination provides the opposing party opportunity to challenge estimates of this nature [.]””
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.