Huskey v. Smith’s Empirical Analysis
1972
Citation profile
15 state decisions
How this case has been cited
Cited by 15 later decisions — most recently September 2011
15 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 Woods v. Lancet · Smith v. Brennan · Dietrich v. Inhabitants of Northampton · Steggall Ex Rel. Stegall v. Morris · Amann v. Faidy
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““to give further force to Stanford would give protection to an alleged tort-feasor. In Alabama, especially, this would seem anomalous. Our wrongful death statute provides for punitive damages. Bell v. Riley Bus Lines, 257 Ala. 120 , 57 So.2d 612 (1952). By the criminal law, it is a great crime to kill the child after it is able to stir in the mother’s womb, by an injury inflicted upon the person of the mother, and it may be murder if the child is born alive and dies of prenatal injuries. Clarke v. State, 117 Ala. 1 , 23 So. 671 (1897). One of the purposes of our wrongful death statute is to prevent homicides. Bell v. Riley Bus Lines, supra. If we continued to follow Stanford , which followed then existing precedent, a defendant could be responsible criminally for the homicide of a fetal child but would have no similar responsibility civilly. This is incongruous.””
1 later decision quote this exact passage“not necessary ... for the Court to decide in this cause whether an action for personal injury or wrongful death would exist before the fetus is viable or under circumstances where the child is stillborn.” 289 Ala. at 55 n. 3, 265 So.2d at 598 n. 3. . The Wolfe Court quoted Prosser, Law of Torts, p. 336 (4th ed.1971), for the proposition that”
1 later decision quote this exact passage“denying to a parent or legal representative the right to proceed in a wrongful death action where (a) the fetal child was viable at the time of the injury and (b) the child [was] born alive.”
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.