Clarke v. O'Connor’s Empirical Analysis
435 F.2d 104 · 1970
Citation profile
6 federal appellate · 19 state decisions
How this case has been cited
Cited by 26 later decisions — most recently September 2010 · most notably Rankin v. Evans (1998), Sargent v. Ross (1973)
6 federal appellate · 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 Ethel Javins v. First National Realty Corporation, Rudolph Saunders v. First National Realty Corporation, Stanley Gross v. First National Realty Corporation · Brown v. Southall Realty Company · Kanelos v. Kettler · Whetzel v. Jess Fisher Management Co. · Bailey v. Zlotnick
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the concept of ‘duty’ known to the law of torts is a rather artificial one, and ... in deciding whether a duty existed, the real question to be answered is whether the law should safeguard the plaintiff from the consequences of the defendant’s conduct. As Dean Prosser has put it ‘[I]t should be recognized that ‘duty’ is not sacrosanct in itself, but only an expression of the sum total of those considerations of policy which lead the law to say that the particular plaintiff is entitled to protection. . . .’”
1 later decision quote this exact passage · from the majoritye.g. Turpel v. Sayles
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.