Brown v. Smalls’s Empirical Analysis
1997
Citation profile
50 state decisions
How this case has been cited
Cited by 50 later decisions — most recently November 2011 · most notably Welch v. Epstein (2000), R & G Const., Inc. v. Lrta (2000)
50 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 Townes Associates, Ltd. v. City of Greenville · Nelson v. Concrete Supply Company · Vinson v. Hartley · McCourt by and Through McCourt v. Abernathy · Graham v. Whitaker
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Accordingly, apportionment of negligence, which determines both whether a plaintiff is barred from recovery or can recover some of his damages and the proportion of damages to which he is entitled, is usually a function of the jury.”
3 later decisions quote this exact passage“A child under the age of fourteen is not required to conform to an adult standard of care. A minor’s conduct should be judged by the standard of behavior to be expected of a child of like age, intelligence, and experience under like circumstances. A child may be so young as to be manifestly and utterly incapable of exercising any of those qualities of attention, perception, knowledge, experience, intelligence, and judgment which are necessary to enable the child to perceive a risk and to realize its unreasonable character. On the other hand, it is obvious that a minor who has not attained majority may be quite as capable as an adult of exercising such qualities.”
2 later decisions quote this exact passage“Our Supreme Court in Standard v. Shine adopted the Restatement's view that `a minor's conduct should be judged by the standard of behavior to be expected of a child of like age, intelligence, and experience under like circumstances.'”
2 later decisions 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.