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← 34 Ill. 2d 558 - Holcomb v. Flavin

34 Ill. 2d 558 - Holcomb v. Flavin’s Empirical Analysis

1966

Citation profile

43
cited by 43 later decisions
7
states following
April 2023
most recently cited

34 state decisions

How this case has been cited

Cited by 43 later decisions — most recently April 2023 · most notably 57 Ill. 2d 298 - Edgar County Bank & Trust Co. v. Paris Hospital, Inc. (1974), 21 Wash. App. 601 - Finney v. FARMERS INSURANCE (1978)

34 state decisions

2001966197019801990200020102020decided

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 City of Chicago v. Babcock · Karcher v. Burbank · Pangburn v. . Buick Motor Co. · Jacobson v. Parrill · Stewart v. Craig

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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““. . .if the defendants (employers) would have to respond in damages, they could sue their alleged employee, the covenantee, for the amount they had to pay. The employee would then have to respond in the very damages which the covenant was supposed to guard against. The contrary result reached by the appellate court herein would certainly involve an undesirable circuity and multiplicity of actions.” Holcomb v. Flavin, 34 Ill.2d 558 , 216 N.E.2d 811 (1966).”
    3 later decisions quote this exact passage · from the majority
  2. “It matters little how the servant was released from liability; as long as he is free from harm, it appears to us that his master should also be blameless. Max v. Spaeth, 349 S.W.2d 1 (Mo. 1961). This result is required for either or both of two reasons:”
    2 later decisions quote this exact passage · from the majority
  3. “That such a result will avoid circuity of action or that since the liability of the master or principal is merely derivative and secondary, exoneration of the servant removes the foundation upon which to impute negligence to the master or principal.”
    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.