Hildenbrand v. Cox’s Empirical Analysis
1985
Citation profile
30 state decisions
How this case has been cited
Cited by 32 later decisions — most recently July 2018 · most notably Sterling v. Bloom (1986), 46 Kan. App. 2d 247 - Estate of Belden v. Brown County (2011)
30 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 Wilson v. Nepstad · Koll v. Manatt's Transportation Co. · Knapp v. Simmons · Smith v. State · Harryman v. Hayles
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The public has a vital stake in the active investigation and prosecution of crime. Police officers and other investigative agents must make quick and important decisions as to the course an investigation shall take. Their judgment will not always be right; but to assure continued vigorous police work, those charged with that duty should not be liable for mere negligence.”
2 later decisions quote this exact passage“We choose not to depart from the rule of Smith and its rationale. Instead we apply here a sound corollary of that rule of non-liability of peace officers investigating criminal activity. The rule not only applies when the person allegedly harmed by a negligent investigation has been charged and arrested, but also when the allegedly negligent investigation results in no arrest.... Our refusal to recognize a tort of negligent failure to detect a person’s intoxicated condition and protect the person from harm is consistent with common law principles recognized by sections 314, 314A, 315, 319 and 320 of the Restatement (Second) of Torts (1965). While adopting the general rule that a person owes no duty to act for the protection of others unless the actor has a special relationship to the other person, those Restatement provisions identify the special relationships and circumstances under which liability can be imposed on the actor.”
1 later decision quote this exact passagee.g. Fitzpatrick v. State“and helpless drunkard out into the cold, resulting in the drunkard's death. We do not believe that the holding in Weymire is controlling in this case because the facts in that case involved arguably outrageous conduct by the defendant. Indeed, the Restatement (Second) of Torts has acknowledged that there may be an exception to the general rule that there is no duty to act for the protection of others in those”
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.