Ellis v. Moore’s Empirical Analysis
1966
Citation profile
12 federal appellate · 27 state decisions
How this case has been cited
Cited by 40 later decisions — most recently October 1995 · most notably Parker v. Highland Park, Inc. (1978), Scott v. Liebman (1966)
12 federal appellate · 27 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 Robert E. McKee, General Contractor v. Patterson · Triangle Motors of Dallas v. Richmond · Halepeska v. Callihan Interests, Inc. · Roosth & Genecov Production Co. v. White · Dee v. Parish
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(t)here must be knowledge and appreciation of the particular danger involved so that the plaintiff proceeds to encounter the risk as the result of an intelligent choice.”
4 later decisions quote this exact passage““Generally speaking, cases should be determined on the basis of negligence and contributory negligence. Our disposition is not to extend the doctrine of assumed risk so as to excuse negligent conduct on the part of the defendant. As above indicated, it is a harsh doctrine, and we are not disposed to relax the rules set down for the escape from liability under it.””
1 later decision quote this exact passagee.g. Azores v. Samson““ * * * we cannot say as a matter of law that McCrary (defendant) could not foresee that if Harold did use the three-point hitch, he might not skillfully apply the clutch and throttle when the tractor’s front wheels left the ground.””
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.