Smith v. Kirkpatrick’s Empirical Analysis
1953
Citation profile
23 federal appellate · 3 district · 35 state decisions
How this case has been cited
Cited by 78 later decisions — most recently April 1984 · most notably Expert Electric, Inc. v. Levine (1977), Winters v. Lavine (1978)
23 federal appellate · 3 district · 35 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 Cromwell v. County of Sac · Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp. · Metropolitan Life Ins. Co. v. . Childs Co. · Schenck v. . State Line Telephone Co. · McKeon v. . Van Slyck
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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A cause of action does not consist of facts, but of the unlawful violation of a right which the facts show. The number and variety of the facts alleged do not establish more than one cause of action so long as their result, whether they be considered severally or in combination, is the violation of but one right by a single legal wrong.””
1 later decision quote this exact passagee.g. Bango v. Ward“where a litigant fails to establish the right to recover upon an express contract he may, in the same action, recover in quantum meruit.”
1 later decision quote this exact passage“different judgment in the (later action) would destroy or impair rights or interests established by the (earlier action).”
1 later decision quote this exact passagee.g. Winters v. Lavine
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.