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← 39 Cal. App. 2d 698 - Key v. Caldwell

39 Cal. App. 2d 698 - Key v. Caldwell’s Empirical Analysis

1940

Citation profile

24
cited by 24 later decisions
3
states following
February 1989
most recently cited

2 district · 22 state decisions

How this case has been cited

Cited by 24 later decisions — most recently February 1989

2 district · 22 state decisions

10019401950196019701980decided

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 Davis v. Kerr · The Weinberg Co. v. Bixby · Bee v. Cooper

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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““Why was a foreign substance left in the parts, which the operating surgeon should have removed ? It was for him to acquit himself of the negligence with respect to it. The sponge escaped his observation. Why? Was it so hidden and concealed that reasonable care on his part would not have disclosed it, or were conditions such that, in his professional judgment, further exploration by him for sponges would have endangered the safety of the patient? In a word, did he do all that reasonable care and skill would require ? Except as one or the other of these questions can be answered affirmatively from the evidence, the law will presume to the contrary, and attribute the unfortunate consequences to his contributing negligence.””
    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.