Cooper v. Blanck’s Empirical Analysis
1923
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently January 2005
19 state decisions — followed in 11 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 Dietrich v. Inhabitants of Northampton · Drobner v. . Peters · Allaire v. St. Luke's Hospital · Lewis v. Holmes · Buel v. United Railways Co.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"... and if the child be killed at this period, before its birth, we see no reason why its parents cannot maintain an action for the death of their child." 39 So.2d at 360 .”
3 later decisions quote this exact passage“"Children in the mother's womb are considered, in whatever relates to themselves, as if they were already born ..."”
2 later decisions quote this exact passage“A foetus in the womb of the mother may well be regarded as but a part of the bowels of the mother during a portion of the period of gestation. Medical science and skill have demonstrated that at a period of gestation in advance of the period of parturition, the foetus is capable of independent and separate life, and that, though within the body of the mother, it is not merely a part of her body, for her body may die in all of its parts and the child remain alive and capable of maintaining life, when separated from the mother. If at that period a child so advanced is injured in its limbs and members and is born into the living world suffering from the effects of the injury, is it not sacrificing truth to a mere theoretical abstraction to say the injury was not to the child, but wholly to the mother?”
1 later decision quote this exact passagee.g. Rambo v. Lawson
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.