Smith v. United States’s Empirical Analysis
336 F.2d 165 · 1964
Citation profile
49 federal appellate · 3 district · 2 state decisions
How this case has been cited
Cited by 66 later decisions — most recently January 2003 · most notably Thomas D. Joyce v. Atlantic Richfield Company, a Pennsylvania Corporation (1981), Chavis v. Finnlines Ltd., O/Y (1978)
49 federal appellate · 3 district · 2 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 McAllister v. United States · In Re Disbarment of Isserman · Weyerhaeuser Steamship Co. v. Nacirema Operating Co. · Brulotte Et Al. v. Thys Company · Moses Lake Homes, Inc. v. Grant County
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Clearly, to say that Smith was at fault for using the ladder when he knew of its deficiency does not differ in substance from invoking the doctrine of assumption of risk against him.”
4 later decisions quote this exact passage · from the majority“Had an alternative, safe route been available to Smith, his deliberate choice of a course known to be unsafe could possibly have indicated contributory fault but mere knowledge of the unseaworthy condition and use of the ladder in the absence of a showing that there was an alternative is not contributory negligence.”
3 later decisions quote this exact passage · from the majority““* * -x- Courts have not been disposed to turn aside claims for indemnity when the stevedore has had actual notice of a dangerous condition and has failed to take any step to remedy it [citations omitted]. We cannot sanction holding the stevedore faultless and denying the longshoreman his remedy, when the stevedore does nothing to avoid a known danger and the longshoreman is given no practical choice but to work under dangerous conditions.””
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.