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← 306 FSUPP 524 - Prosch v. Yale

Prosch v. Yale’s Empirical Analysis

1969

Citation profile

3
cited by 3 later decisions
December 1972
most recently cited

Relationships

Relies on Palsgraf v. Long Island R.R. Co. · Rippe v. Sutter · Detroit Gray Iron & Steel Foundries, Inc. v. Martin · 3 Mich. App. 700 - Kennedy v. LOCAL 38, UNITED BREWERY, FLOUR, CEREAL, SOFT DRINK, AND DISTILLERY WORKERS OF AMERICA · Kaufman v. C.R.A., Inc.

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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““We return to our starting point: the word ‘wrong’ is the key. In personal injury actions arising out of negligence we have no ‘wrong’ until plaintiff shows a violation of his right to bodily security. This interpretation is consonant with the purpose of a statute of ‘limitations’. Otherwise construed, the statute does not merely limit the bringing of a cause of action that has at one time accrued, which is the purpose of limitations. It simply abolishes the cause of action. Such a construction is completely inconsistent with applicable precedent, it postulates an absurdity, namely, that an event is over before it happens, and, moreover, attributes to our great coordinate branch of government, the legislature, an intent at variance with known benign and humanitarian public acts.””
    2 later decisions quote this exact passage · from the majority
  2. ““ * * * the claim accrues at the time the wrong upon which the claim is based was done regardless of the time when damage results.””
    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.