Bauer's Case’s Empirical Analysis
1943
Citation profile
2 federal appellate · 19 state decisions
How this case has been cited
Cited by 21 later decisions — most recently April 2011
2 federal appellate · 19 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 Caswell's Case · De Luca v. Board of Park Commissioners · Armburg v. Boston & Maine Railroad · Matter of Madura v. . City of New York · McLaughlin's Case
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Certain facts as to the operation of lightning have become matters of common knowledge, of which judicial notice may be taken. Madura v. New York, 238 N.Y. 214 , 144 N.E. 505 ; DeLuca v. Park Commissioners of Hartford, 94 Conn. 7 , 107 A. 611 ; Emmick v. Hanrahan Brick & Ice Co., 206 App. Div. 580 , 201 N.Y.S. 637 ; Texas Compensation Ins. Co. v. Ellison, Tex. Civ. App., 71 S.W. 2d 309 . We think that it could have been found, without expert evidence, that a person in wet clothes, standing close to an iron bed and near to an electric light and electric wiring, in a building on the top of an exposed hill, was in a position of unusual danger from lightning.””
2 later decisions quote this exact passage““In Brooker v. Thomas Borthwick & Sons (Australasia), Ltd. (1933) A. C. 669, 677, quoted in Caswell’s Case, 305 Mass. 500, 502, 503 , 26 N. E. 2d 328, 330 , Lord Atkin said: Tf a workman is injured by some natural force such as lightning, the heat of the sun, or extreme cold, which in itself has no kind of connection with employment, he cannot recover unless he can sufficiently associate such injury with his employment. This he can do if he can show that the employment exposed him in a special degree to suffering such an injury.’ This principle was applied in cases of injury by lightning collected in Caswell’s Case, 305 Mass. 500, 502 , 26 N.E. 2d 328 .” (Italics supplied.)”
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.