Foster v. New York Central System’s Empirical Analysis
402 F.2d 312 · 1968
Citation profile
6 federal appellate · 3 state decisions
How this case has been cited
Cited by 9 later decisions — most recently February 2016
6 federal appellate · 3 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 142 Ind. App. 329 - Halkias v. Gary National Bank · 133 Ind. App. 249 - U. S. Steel Corp. v. Cicilian · John Iwaniuk, Administrator of the Estate of David Arthur Davis, Deceased v. Bethlehem Steel Corporation
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The courts of Indiana and this Circuit, in interpreting Indiana law, have held that when a plaintiff cannot show the manner in which the accident took place, the unexplained circumstances do not permit the jury to speculate or draw inferences as to the occurrence. The most recent decision of which we are aware is Iwaniuk v. Bethlehem Steel Corporation, 402 F. 2d 309 . In that case, the plaintiff was able to prove only that the decedent was seen walking on an allegedly defective catwalk, and was next seen lying on the ground beneath it. This Court reversed a jury verdict for the plaintiff stating: ‘The total absence of evidence as to the cause of plaintiff’s decedent’s fall compels the conclusion, under the Indiana law, that plaintiff failed to sustain the burden of proof on the issue of negligence and of proximate cause.’ In holding that the jury must have engaged in speculation and conjecture in determining the manner in which the plaintiff fell, this Court cited United States Steel Corporation v. Cicilian, 133 Ind. App. 249 , 180 N. E. 2d 381 , 181 N. E. 2d 538 (1962), for the proposition that ‘such “unexplained circumstances” do not permit the drawing of inferences.’ “Also cited in Iwaniuk was Halkias v. Gary National Bank, [142] Ind. App. [329] 1968, 234 N. E. 2d 652, 655 (1968), where the court cited a number of Indiana cases for the proposition that, ‘It is well settled that a decision or finding must be based upon the proven facts and cannot be based upon mere guess, ”
1 later decision quote this exact passage · from the majority“and cannot be based upon mere guess, conjecture, surmise, possibility or speculation.”
1 later decision quote this exact passage · from the majority
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.