Ruditis v. Gallop’s Empirical Analysis
269 F.2d 50 · 1959
Citation profile
8 federal appellate ·
How this case has been cited
Cited by 9 later decisions — most recently May 1989
8 federal appellate ·
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 Schmidt v. Driscoll Hotel, Inc. · Heap v. Heap · Ritter v. Village of Appleton. · McMann v. General Accident Assurance 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As to the release given by appellant’s guardian, this was one authorized by the Probate Court to be executed by the guardian for a payment of $3,000 in compromise and settlement of an alleged dispute with Fedo, his father, and their insurance carrier over whether the accident and death, with the damage resulting therefrom, were due solely to Fedo’s negligence, and with a discharge to be made of Fedo, his father and the insurance carrier from any and all claims which appellant or the guardian might have against these three parties “because of or arising out of the accident and death aforesaid”. The release form, however, which the insurance carrier took from the guardian went beyond the authorization granted by the Probate Court’s order and purported to make release, not simply of Fedo, his father and their insurance carrier, but also of “all other persons, firms or corporations” from any claims which appellant or the guardian might have “because of said accident and death”. Under Michigan law, a guardian is without capacity to compromise and settle claims except under orders of the Probate Court. Michigan Compiled Laws of 1948, § 708.19, provides: “Any fiduciary under order of the probate judge, * * * may adjust, settle or compromise any claim for or against the estate of a decedent or ward”. Such authorization by the court is not simply permissive but the order is “in effect, a judgment”. McMann v. General Acc. Assur. Corporation, 276 Mich. 108 , 267 N.W. 601 , 602; Heap v. ”
1 later decision quote this exact passage · from the majority
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.