Sweeney v. Erving’s Empirical Analysis
1910
Citation profile
15 federal appellate · 5 district · 20 state decisions
How this case has been cited
Cited by 43 later decisions — most recently July 2005 · most notably Anne Sweeney v. William G Errving (1913), Canterbury v. Spence (1972)
15 federal appellate · 5 district · 20 state decisions — followed in 11 states
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 9 E.H. Smith 201 - Pike v. . Honsinger · State v. Housekeeper · Staloch v. Holm · Sheldon v. Wright · Wilkins' Admr. v. Brock
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.
“If the maxim, `Res ipsa loquitur,' were applicable to a case like this, and a failure to cure were held to be evidence, however slight, of negligence on the part of the physician or surgeon causing the bad result, few would be courageous enough to practice the healing art, for they would have to assume financial liability for nearly all the `ills that flesh is heir to.'”
1 later decision quote this exact passage · from the majoritye.g. Quick v. Thurston“Defendants rely upon this case strongly, asserting it holds that negligence in X-ray treatment can be shown only by direct testimony of X-ray specialists. But the opinion expressly states: `There are exceptional cases where the result of an operation performed, if unexplained, may warrant an inference of negligence,' and cites authorities to sustain this view.”
1 later decision quote this exact passage · from the majoritye.g. Quick v. Thurston“It is well settled that the degree of skill and learning which a physician or surgeon is required to possess and exercise is that degree of skill and learning ordinarily possessed and exercised by members of his profession in the same line of practice in that locality.”
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.