Johnson v. Sears, Roebuck & Co.’s Empirical Analysis
1973
Citation profile
7 state decisions
How this case has been cited
Cited by 10 later decisions — most recently September 1996
7 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 Dippel v. Sciano · Hoffman v. Misericordia Hospital · Perlmutter v. Beth David Hospital · Newmark v. Gimbel's Incorporated · 47 Ill. 2d 443 - Cunningham v. MacNeal Memorial Hospital
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““I do not, however, feel that the mechanical and administrative services provided by hospitals should necessarily be exempt from strict liability. Several considerations lead me to this conclusion. They are: first, the serious consequences which can result when a patient receives defective hospital services; second, the near total inability of laymen to recognize or control such defective service;” 355 F.Supp. at 1067 .”
2 later decisions quote this exact passage““Courts in New Jersey, Pennsylvania, and Michigan have also found the sales/service dichotomy untenable. In Newmark v. Gimbel’s Incorporated, 54 N.J. 585 , 258 A.2d 697 (1969), the New Jersey Supreme Court held a beauty op erator strictly liable for injuries caused by a permanent wave application stating ‘the distinction between a sale and the rendition of services is a highly artificial one.’ 258 A.2d at 700 . In Hoffman v. Misericordia Hospital of Philadelphia, 439 Pa. 501 , 267 A.2d 867 (1970), the complaint charged that the plaintiff’s deceased had contracted serum hepatitis and died after receiving a transfusion while a patient at Misericordia. The trial court granted defendant’s demurrer because the transaction was not a ‘sale.’ The Supreme Court of Pennsylvania reversed because it did ‘not feel obligated to hinge any resolution of the very important issue here raised on the technical existence of a sale.’ 267 A.2d at 870 . The court stated further that the demurrer was improperly sustained ‘without sufficient inquiry as to whether the policies for which warranties are implied in law would be furthered by their implication in this situation.’ 267 A.2d at 871 . Finally, the Michigan Court of Appeals held in Buckeye Union Fire Insurance Co. v. Detroit Edison Co., 38 Mich.App. 325 , 196 N.W.2d 316, 317 (1972), that ‘implied warranties * * * should apply to the sale of services as well as to the sale of goods.’ ” 355 F.Supp. at 1066 .”
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.