Smith v. Clark’s Empirical Analysis
1963
Citation profile
6 federal appellate · 119 state decisions
How this case has been cited
Cited by 128 later decisions — most recently November 2017 · most notably Elder v. Fisher (1966), Majors v. Brodhead Hotel (1965)
6 federal appellate · 119 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 James v. Ferguson · Commonwealth v. Jordan · Delair v. McAdoo · Giffin v. Ensign · Randolph v. Campbell
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 128 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This conclusion was for the jury and not the witness. Opinion evidence, under the circumstances, was totally unnecessary, inadmissible and opened the door to the highly prejudicial response. * * * The witness's answer was tantamount to saying that the driver's condition caused him not to make the curve. Since the police officer did not view the actual occurrence, his opinion was speculative and an invasion of the jury's exclusive prerogative.”
1 later decision quote this exact passagee.g. Rebmann v. Canning“It is basic to a fair trial that the issues be clearly defined for a jury's intelligent understanding and that in determining if prejudicial error is present, the entire charge must be considered and its general effect noted . . . A trial judge may properly define all pertinent questions of law, but if he fails to clarify the issues and the application of the law to the facts, a fair trial is not present.”
1 later decision quote this exact passage“[f]or any licensee [of the Pennsylvania Liquor Control Board] .. ., or any employe, servant or agent of such licensee ... or any other person to sell, furnish or give any liquor or malt or brewed beverages, or to permit any liquor or malt or brewed beverages to be sold, furnished or given, to any person visibly intoxicated.”
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.