Elevator Operators & Starters' Union v. Newman’s Empirical Analysis
1947
Citation profile
6 federal appellate · 48 state decisions
How this case has been cited
Cited by 58 later decisions — most recently August 2019 · most notably 15 Cal. 3d 328 - Glendale City Employees' Ass'n v. City of Glendale (1975), 25 Cal. 3d 14 - Longshore v. County of Ventura (1979)
6 federal appellate · 48 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 Todhunter v. Smith · California Trust Co. v. Cohn · 13 Cal. 2d 158 - Long Beach Drug Co. v. United Drug Co. · Terry Trading Corp. v. Barsky · Hanes v. Coffee
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Since, the term for which appellant was elected expired on December 31, 1943, there is no longer any controversy, as to whether he is now entitled to reinstatement as treasurer of the union. The issues have therefore become moot, except for appellant’s claim for back salary for the part of his term of office that was unexpired when the union ceased to pay his salary. “Appellant contends that the hack salary is due him on the ground that he was the treasurer of the union until the end of the term for which he was elected, * * *. “ * * * In the course of the appellate proceedings appellant waived his objection to the manner of adoption of this amendment. * * * ””
1 later decision quote this exact passagee.g. Talton v. Behncke“'... must tend to diminish or defeat the plaintiff's recovery and must exist in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action.' (Terry Trading Corp. v. Barsky, 210 Cal. 428 [ 292 P. 474 ], Luse v. Peters, ante, p. 625 [ 28 P.2d 357 ].)”
1 later decision quote this exact passage“" His claim was based, not on breach of contract, but on the theory that he had a right to reinstatement to the office. It is settled that mandamus does not lie when there is no cause of action for reinstatement to a position, but merely a claim for damages for breach of contract.””
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.