Holodook v. Spencer’s Empirical Analysis
1974
Citation profile
4 federal appellate · 3 district · 94 state decisions
How this case has been cited
Cited by 145 later decisions — most recently September 2017 · most notably Dubay v. Irish (1988), 156 Ill. 2d 76 - Cates v. Cates (1993)
4 federal appellate · 3 district · 94 state decisions — followed in 21 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 3 Cal. 3d 914 - Gibson v. Gibson · Goller v. White · Dunlap v. Dunlap · Silesky Ex Rel. Silesky v. Kelman · 56 Wis. 2d 231 - Thoreson v. Milwaukee & Suburban Transport Corp.
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.
“We can conceive of few, if any accidental injuries to children which could not have been prevented, or substantially mitigated, by keener parental guidance, broader foresight, closer protection and better example. Indeed, a child could probably avoid most physical harm were he under his parents' constant surveillance and instruction, though detriment more subtle and perhaps more harmful than physical injury might result. If the instant negligent supervision claims were allowed, it would be the rare parent who could not conceivably be called to account in the courts for his conduct toward his child.... [ 36 N.Y. 2d at 46 , 364 N.Y.S. 2d at 867 , 324 N.E. 2d at 343 ].”
4 later decisions quote this exact passage · from the dissent“It is artificial to separate the parent and child as economic entities.... The reality of the family is that, except in cases of great wealth, it is a single economic unit and recovery by a third party against the parent ultimately diminishes the value of the child’s recovery.”
4 later decisions quote this exact passage · from the dissent““[i]n the family relation between parent and child, . . . we do not believe that application of this standardized norm is the wisest course. The result, we believe, would be to circumscribe the wide range of discretion a parent ought to have in permitting his child to undertake responsibility and gain independence. . ” Holodook v. Spencer, N.Y.App., 36 N.Y.2d 35 , 364 N.Y.S.2d 859, 870-871 , 324 N.E.2d 338, 346 (1974).”
2 later decisions quote this exact passage · from the dissente.g. Pedigo v. Rowley · Schneider v. Coe
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.