Pace v. Southern Express Co.’s Empirical Analysis
409 F.2d 331 · 1969
Citation profile
39 federal appellate · 23 district · 20 state decisions
How this case has been cited
Cited by 125 later decisions — most recently December 2023 · most notably Zagano v. Fordham University (1990), Hartford Accident & Indemnity Co. v. Costa Lines Cargo Services, Inc. (1990)
39 federal appellate · 23 district · 20 state decisions — followed in 15 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 Beigel v. United States · Seago v. North Carolina Theatres, Inc. · Wilcox v. Transamerican Freight Lines, Inc. · Markwell v. General Tire & Rubber 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 125 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the defendant's effort and expense of preparation for trial, excessive delay and lack of diligence on the part of the plaintiff in prosecuting the action, insufficient explanation for the need to take a dismissal, and the fact that a motion for summary judgment has been filed by the defendant.”
14 later decisions quote this exact passage · from the majority““In our view, this rule only applies where the tractor is being operated on the lessee’s business. We so held with respect to comparable Interstate Commerce Commission regulation in Gudgel v. Southern Shippers, Inc., 387 F. 2d 723, 725-726 (7th Cir. 1967). Wilcox v. Transamerican Freight Lines, Inc., 371 F. 2d 403, 404 (6th Cir. 1967) [per curiam], certiorari denied, 387 U.S. 931 , 87 S. Ct., 18 L. Ed. 2d 992, is to the same effect. Similiarly, the provisions of the lease on which plaintiff relies were effective when Couture was operating the tractor on defendant’s business. . . Pace, supra, 409 F. 2d at 334 .”
2 later decisions quote this exact passage · from the majority““[A]n action shall not be dismissed at the plaintiff’s instance save upon order of the court and upon such terms and conditions as the court deems proper.””
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.