Foster v. Herbison Construction Co.’s Empirical Analysis
1962
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently June 1992
24 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 La Mourea v. Rhude · Satter v. Turner · Rengstorf v. Winston Brothers Co. · Ayer v. Chicago, Milwaukee, St. Paul & Pacific Railroad · Baumgartner v. City of Mankato
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The ultimate question still is: What would an ordinarily prudent person have done under the same or similar circumstances? * * * We think that, whatever the reasoning may be, the better rule, and that now followed by the weight of authority, is that such contract provisions should be admitted for the jury's consideration, together with all other evidence, in determining the question of defendant's negligence."”
3 later decisions quote this exact passage“"* * * But, if we concede that the defendant already owes plaintiff the duty of exercising due care and the contract between the state and defendant is only one of the links in the chain of evidence to establish what that due care is, we avoid some of these difficulties. It is in this area of evidence that the contract should be admissible not to establish that defendant owes a duty to plaintiff, but to help establish what the already existing duty is."”
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.