Cummings v. Lobsitz’s Empirical Analysis
1914
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently October 1975
19 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 First National Bank v. Sarlls · Baumgartner v. Hasty · Glaser v. Glaser · Trammell v. Town of Russellville · Standard Life & Accident Insurance v. Davis
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A distinction is made between the liability of a municipal corporation for the acts of its officers in the exercise of powers which it possesses’ for public purposes and which it holds as agent of the state and those powers which embrace private or corporate duties and are exercised for the advantage of the municipality and its inhabitants. When the acts of its officers come within the powers which it has as agent of the state, it is' exempt from liability for its own acts and the acts of its officers; if the acts of the officer or agent of the city are for the special benefit of the corporation in its private or corporate interest, such officer is deemed the agent or servant of the city, but where the act is not in relation to a private or corporate interest of the municipality, but for the benefit of the public at large, such acts by the agents and servants are deemed to be acts by public or state officers, and for the public benefit.” Cummings v. Lobsitz, 42 Okla. 708 , 142 Pac. 993 ; Flannagan v. City of Bloomington, 156 Ill. App. 162 ; Franks v. Town of Holly Grove, 93 Ark. 250 , 124 S. W. 514 , 137 Am. St. Rep. 86 ; Clark v. Atlantic City, (C. C.) 180 Fed. 598 .”
1 later decision quote this exact passage““No liability is created against a municipal corporation by acts of its officers done under an unconstitutional or void ordinance enacted in the exercise of governmental powers.” McQuillan on Mun. Corp. (4th Ed.) sec. 2640; Worley v. Town of Columbia, 88 Mo. 106; Easterly v. Town of Irwin, 99 Iowa, 694, 68 N. W. 919 ; Caldwell v. Prunelle, 57 Kan. 511 , 46 Pac. 949 .”
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.