Tyler v. Dowell, Inc.’s Empirical Analysis
274 F.2d 890 · 1960
Citation profile
45 federal appellate · 3 district · 12 state decisions
How this case has been cited
Cited by 68 later decisions — most recently July 2011 · most notably Union Carbide and Carbon Corporation and Vanadium Corporation of America v. Frank Nisley, Jr., Union Carbide and Carbon Corporation and Vanadium Corporation of America v. John F. Wade, Union Carbide and Carbon Corporation and Vanadium Corporation of America v. Howard Balsley, Union Carbide and Carbon Corporation and Vanadium Corporation of America v. Unnamed (1962), Elbel v. United States (1966)
45 federal appellate · 3 district · 12 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 Quercia v. United States · Patton v. United States · United States v. Bayer · United States v. Johnson · Railway Company v. McCarthy
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[E]xculpatory clauses in contracts of this kind are not favorites of the law. They are strictly construed against the promisee and will not be enforced if the promisee enjoys a bargaining power superior to the promisor, as where the promisor is required to deal with the promisee on his own terms.... Nor will a contract be enforced if it has the effect of exempting a party from negligence in the performance of a public duty, or where a public interest is involved.”
3 later decisions quote this exact passage · from the majority“assume and bear all risk of accidents and damages to persons and property which may occur in the course of contractor's operations ... and to indemnify and hold [owner] harmless against ... such accidents and damages”
2 later decisions quote this exact passage · from the majority“It is the inescapable duty of the trial judge to instruct the jurors fully and correctly on the applicable law of the case, and to guide, direct and assist them toward an intelligent understanding of the legal and factual issues involved in their search for truth. As one court says, `This duty is not fulfilled by mere abstract statements or legal definitions, but rather by a fair and impartial statement of the factual issues and the law applicable thereto. The instructions ought to be stated in logical sequence and in the common speech of man if they are to serve their traditional and constitutional purpose in our system of jurisprudence'.”
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.