4 Neb. Ct. App. 178 - Smith v. Kellerman’s Empirical Analysis
1995
Citation profile
2 federal appellate · 6 state decisions
How this case has been cited
Cited by 8 later decisions — most recently June 2017
2 federal appellate · 6 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. Misko · Chlopek v. Schmall · Rawson v. City of Omaha · Humphrey v. Nebraska Public Power District · State v. Porter
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]here the independent negligent acts, or failures to act, of one or more than one person combine to proximately cause the same injury, each such act or failure to act is a proximate cause, and each such person may be held responsible for the entire injury. This is true though some may have been more, negligent than others. It is no defense that all those who might have been held responsible are not parties to this case.”
1 later decision quote this exact passage“The prerequisites to a claim for contribution are that the party seeking contribution and the party from whom it is sought share a common liability and that the party seeking contribution has discharged more than his fair share of the common liability. 18 C.J.S. Contribution § 5 (1990).... In other words, a common liability to the same person must exist in order for there to be contribution.”
1 later decision quote this exact passage“[G]enerally, a common liability must exist in order for there to be contribution. That is to say, each party must be liable to the same person.”
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.