Jones v. Schramm’s Empirical Analysis
436 F.2d 899 · 1970
Citation profile
15 federal appellate · 5 district · 4 state decisions
How this case has been cited
Cited by 29 later decisions — most recently May 2009 · most notably Simeon v. T. Smith & Son, Inc. (1988), In re N-500L Cases (1982)
15 federal appellate · 5 district · 4 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 Rodriguez v. New York · Eastern Air Lines, Inc. v. Union Trust Co. · George's Radio, Inc. v. Capital Transit Co. · Murray v. United States · Martello v. Hawley
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Contribution is an ‘equitable doctrine based on principle of justice,’ — which is not dependent on contract, joint action, or original relationship of the parties. . . The doctrine of contribution originated in the courts of equity... We may assume, therefore, as it has apparently been generally assumed, that when contribution is sought against a defendant who was not sued by plaintiff, as is permitted by our decisions, the claim sounds in equity and the court acts as finder of the fact to determine whether the second tortfeasor from whom contribution is sought was negligent, and therefore liable to the victim.” (Emphasis supplied). 3”
2 later decisions quote this exact passage · from the majority“Where both alleged tortfeasors are joined as co-defendants in an action brought by the victim, the liability to the victim of the second tortfeasor, from whom contribution is sought, is not properly assigned to the non-jury domain of the equity court as finder of fact.”
2 later decisions quote this exact passage · from the majority“(i)t is a prerequisite of contribution that the contribution defendant must have been originally liable to plaintiff.”
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.