Clough v. Steen’s Empirical Analysis

Citation profile

11 state decisions

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.

1. ““It is well settled that, in an action for wrongful death, the recovery is limited to the pecuniary loss, and the grief of the survivor may not form the basis of an award (Munro v. [Pacific Coast] Dredging & Reclamation Co., 84 Cal. 515 , 24 P. 303 , 18 Am.St.Rep. 248 ); and no case nor rule of law has been brought to our attention which would support a recovery by plaintiff for the shock and grief, or injury consequent thereto, growing out of the knowledge of the death of her child. In the absence of such a right at common law or by statute, the plaintiff’s recovery cannot be upheld. The detriment to plaintiff must naturally ensue from the act complained of, but here we find the injury to plaintiff ensuing from the sight of the dead child. The condition of the latter was the result of defendant’s act, which impinged upon the child and not upon the plaintiff.””

   3 later decisions quote this exact passage
   e.g. 44 F. Supp. 10 - Minkus v. Coca Cola Bottling Co. of California · 139 F. Supp. 532 - Maury v. United States

2. “The trial court erroneously included in the judgment an amount which represented damages for the grief and shock and consequent damage suffered by plaintiff when she learned of the death of her child. For this injury she may not recover damages from defendant, although she is entitled to recover for her own mental and physical injuries proximately caused by the accident.”

   1 later decision quote this exact passage
   e.g. 69 Wash. 2d 482 - Smith v. Rodene