Jeanes v. Milner’s Empirical Analysis
428 F.2d 598 · 1970
Citation profile
15 federal appellate · 5 district · 20 state decisions
How this case has been cited
Cited by 53 later decisions — most recently September 2004 · most notably Hamil v. Bashline (1978), Scafidi v. Seiler (1990)
15 federal appellate · 5 district · 20 state decisions — followed in 18 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 Lavender v. Kurn · Hicks v. United States · Lanier v. Trammell · Simpson v. Skelly Oil 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"When a defendant's negligent action or inaction has effectively terminated a person's chance of survival, it does not lie in the defendant's mouth to raise conjectures as to the measure of the chances that he has put beyond the possibility of realization. If there was any substantial possibility of survival and the defendant has destroyed it, he is answerable. Rarely is it possible to demonstrate to an absolute certainty what would have happened in circumstances that the wrongdoer did not allow to come to pass." Id. at 632 . See also Harvey v. Silber, 300 Mich. 510 , 2 N.W.2d 483 (1942).”
4 later decisions quote this exact passage · from the majority“[I]n passing upon the motion for judgment, the trial court and this court are (1) to consider the evidence in the light most favorable to the plaintiffs as the parties prevailing with the jury; (2) to assume that all conflicts in the evidence were resolved by the jury in favor of the plaintiffs; (3) to assume as proved all facts which plaintiffs’ evidence tends to prove; (4) to give the plaintiffs the benefit of all favorable inferences which may reasonably be drawn from the facts proved; and (5) to deny the motion if, reviewing the evidence in this light, reasonable men could differ as to the conclusions to be drawn from it.”
2 later decisions quote this exact passage · from the majority“[W]e cannot agree with the District Court's holding that `there is no evidence from which the jury could find that the delay of approximately one month in the transmission of [the] slides could have been the proximate cause of [Tommy's] failure to recover from his cancer, or to increase his pain and suffering or to shorten his life.' Nor can we agree that the jury could `only find a verdict for the plaintiff based on speculation and conjecture.'”
2 later decisions 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.