Kick v. Franklin’s Empirical Analysis
1940
Citation profile
25 state decisions
How this case has been cited
Cited by 27 later decisions — most recently February 1978 · most notably Stephens v. Kansas City Gas Company (1946), Janssens v. Thompson (1950)
25 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 Smithers v. Barker · Buehler v. Festus Mercantile Co. · Chawkley v. Wabash Railway Co. · Gould v. Chicago, Burlington & Quincy Railroad · Cotton v. Ship-By-Truck Co.
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The instruction in the case at bar does not offend the rule in this respect (by extending the scope of the duty to act so as to include the time when a plaintiff was approaching or immediately coming into a position of imminent peril). It will be noticed that the words immediately coming into a position of peril were used only in the first part of the instruction. The instruction, however, did not impose any duty on the appellant until after the plaintiff was in imminent peril.”
1 later decision quote this exact passage“said automobile and plaintiff were moving toward said tracks and immediately coming into and were in a position of imminent peril and danger of being struck and injured by said train”
1 later decision quote this exact passage“that after plaintiff was in imminent peril, if so, as aforesaid, said engineer gave no timely warning . . .”
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.