Davis v. Virginian Railway Co.’s Empirical Analysis
1960
Citation profile
37 federal appellate · 6 district · 56 state decisions
How this case has been cited
Cited by 119 later decisions (4 by the Supreme Court) — most recently August 2024 · most notably Bruni v. Tatsumi (1976), 72 Ill. 2d 249 - Walski v. Tiesenga (1978)
37 federal appellate · 6 district · 56 state decisions — followed in 13 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
Applies 45 U.S.C. § 51 (Federal Employers' Liability Act)
Relies on Rogers v. Missouri Pacific Railroad · Lavender v. Kurn · Tennant v. Peoria & Pekin Union Railway Co. · Tiller v. Atlantic Coast Line Railroad · Bailey v. Central Vermont Railway, Inc.
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 119 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Proof of malpractice, in effect, requires two evidentiary steps: evidence as to the recognized standard of the medical community in the particular kind of case, and a showing that the physician in question negligently departed from this standard in his treatment of plaintiff. [A physician testified the treatment was not proper.] This offer of proof was fatally deficient. No foundation was laid as to the recognized medical standard for the treatment of such a fracture.”
3 later decisions 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.