McAndrew v. Mularchuk’s Empirical Analysis
1960
Citation profile
14 federal appellate · 6 district · 112 state decisions
How this case has been cited
Cited by 135 later decisions — most recently September 2014 · most notably Goldberg v. Housing Auth. of City of Newark (1962), 605 So. 2d 1032 - Roberts v. Benoit (1992)
14 federal appellate · 6 district · 112 state decisions — followed in 21 states
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 Palsgraf v. Long Island R.R. Co. · 18 Ill. 2d 11 - Molitor v. Kaneland Community Unit District No. 302 · Schuster v. City of New York · 96 So. 2d 130 - Hargrove v. Town of Cocoa Beach · Collopy v. Newark Eye and Ear Infirmary
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 135 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Liability is imposed for injurious acts performed by a municipality in its governmental capacity when they constitute active wrongdoing. That is, when a person suffers an injury through a negligent act of commission, as distinguished from a negligent failure to act, an obligation to respond in damages is recognized. It is not necessary that the negligent act of commission be the most proximate or nearest in time in a sequence of causes to the injury sustained; it is sufficient if, in the sequence, there is such an affirmative wrongful act even though the cause nearest in the succession of causes may be a mere omission to act. Hartman v. City of Brigantine, 23 N. J. 530, 533 (1957) ; Cloyes v. Delaware Tp., 23 N. J. 324, 329 (1957) ; Taverna v. City of Hoboken, 43 N. J. Super. 160, 165 (App. Div. 1956), certification denied 23 N. J. 474 (1957) ; Kelly v. Curtiss, supra [29 N. J. Super. 291 (App. Div. 1954), reversed on other grounds 16 N. J. 265 (1954)].””
4 later decisions quote this exact passage · from the majority“`... But the limitation on the normal operation of respondeat superior was originally placed there by the Judiciary. Surely it cannot be urged successfully that an outmoded, inequitable, and artificial curtailment of a general rule of action created by the judicial branch of the government cannot or should not be removed by its creator....'”
2 later decisions quote this exact passage · from the majority“adequately trained or experienced in the proper handling and use”
2 later decisions 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.