Lubbering v. Ellison’s Empirical Analysis
1961
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently January 1986
9 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 Phoenix Lumber Co. v. Houston Water Co. · 68 Tex. Crim. 295 - Burford v. State · Henry v. Phillips · Texas Co. v. Lee · Thurman v. Chandler
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * ‘It is not sufficient’, as stated in Phoenix Lbr. Co. v. Houston Water Co., 94 Tex. 456 , 61 S.W. 707, 709 , by the Supreme Court, ‘that the causes of action be similar in their nature, but they must be essentially identical. Four tests are laid down by which to determine the identity of causes of action: (1) Would a recovery had upon the original bar a recovery under the amended petition ? (2)Would the same evidence support both of the pleadings? (3) Is the measure of damages the same in each case? (4) Are the allegations of each subject to the same defenses ? ’ * * * ””
1 later decision 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.