261 Cal. App. 2d 392 - Green v. Smith’s Empirical Analysis
1968
Citation profile
4 federal appellate · 36 state decisions
How this case has been cited
Cited by 42 later decisions — most recently November 2013 · most notably 31 Cal. 4th 1026 - State Department of Health Services v. Superior Court (2003), 48 Cal. App. 3d 917 - Jarchow v. Transamerica Title Insurance (1975)
4 federal appellate · 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 American Enterprise, Inc. v. Van Winkle · 23 Cal. 2d 840 - Valencia v. Shell Oil Co. · 55 Cal. 2d 597 - Jordan v. Talbot · Hunter v. Sparling · Geddes & Smith, Inc. v. Saint Paul Mercury Indemnity 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A plaintiff cannot be compensated for damages which he could have avoided by reasonable effort or expenditures, [citations omitted] The frequent statement of the principle in terms of a "duty" imposed on the injured party has been criticized on the theory that a breach of the “duty” does not give rise to a correlative right of action, [citations omitted] It is perhaps more accurate to say that the wrongdoer is not required to compensate the injured party for damages which are avoidable by reasonable effort on the latter’s part, [citations omitted]”
1 later decision quote this exact passage“The fact that in retrospect a reasonable alternative course of action is shown to have been feasible is not proof of the fact that the course actually pursued by the plaintiff was unreasonable.”
1 later decision quote this exact passage“If a choice of two reasonable courses presents itself, the person whose wrong forced the choice cannot complain that one rather than the other is chosen.”
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.