Smithers v. Barker’s Empirical Analysis
1937
Citation profile
144 state decisions
How this case has been cited
Cited by 145 later decisions — most recently April 1974 · most notably Delay Ex Rel. Delay v. Ward (1953), Frandeka v. St. Louis Public Service Co. (1950)
144 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 Steele v. Kansas City Southern Railway Co. · Perkins v. Terminal Railroad Assn. · Elkin v. St. Louis Public Service Co. · Smith v. Kansas City Public Service Co. · Young v. Wheelock
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 145 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“was a pedestrian crossing Market Street * * * and * * * was struck by the westbound bus * * * and * * * that prior to being struck * * * plaintiff became and was in a position of imminent peril and danger of being struck * * * by said bus and that defendant's operator * * * could have seen plaintiff in the * * * position of imminent peril * * * in time thereafter * * to have * * * stopped said bus or to have sounded a warning of the dangerous proximity of said bus and that by so doing could have avoided striking plaintiff * * * and * * * failed to do so and was thereby negligent * * * and that such negligence * * * directly contributed to cause plaintiff to be struck by said bus * * *.”
2 later decisions quote this exact passage““And . . . this is so, even though you should find and believe from the evidence, that plaintiff did not exercise due care for his own safety, and was, or was not, then and there drunk and negligent, in getting himself into the aforesaid position of . . . peril, if any, at said time and place. ’ ’”
2 later decisions quote this exact passage“entering into, upon and crossing said intersection”
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.