Conway v. O'Brien’s Empirical Analysis
312 U.S. 492 · 1941
Citation profile
48 federal appellate · 2 district · 18 state decisions
How this case has been cited
Cited by 86 later decisions (14 by the Supreme Court) — most recently September 2006 · most notably Cone v. West Virginia Pulp & Paper Co. (1947), Neely v. Martin K. Eby Construction Co., Inc. (1967)
48 federal appellate · 2 district · 18 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.
Appellate journey
reviewedConway v. O'Brien (from Second Circuit Court of Appeals)
Relationships
Relies on Berry v. United States · Conway v. O'Brien · Shaw, Admr. v. Moore · Hall v. Royce
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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The element of culpability which characterizes all negligence is, in gross negligence, magnified to a high degree as compared with that present in ordinary negligence. Gross negligence is manifestly a smaller amount of watchfulness and circumspection than the circumstances require of a prudent man. But it falls short of being such reckless disregard of probable consequences as is equivalent to a willful and intentional wrong. Ordinary and gross negligence differ in degree of inattention, while both differ in kind from wilful and intentional conduct which is or ought to be known to have a tendency to injure.””
3 later decisions quote this exact passage · from the majoritye.g. Sherrod v. Berry · Burke v. Spear“each case must be judged according to its own facts.”
1 later decision quote this exact passage · from the majoritye.g. Burke v. Spear
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.