David v. Broadway Maintenance Corp.’s Empirical Analysis
1978
Citation profile
2 federal appellate · 5 state decisions
How this case has been cited
Cited by 9 later decisions — most recently December 2003
2 federal appellate · 5 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
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Erie Co v. Tompkins · United States v. Diebold, Inc. · Bishop v. Wood · Bates v. State Bar · Goodman v. Mead Johnson & 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““. . . ‘the water company is not charged with the failure, through the municipality, to perform an act, which the court in the Thompson case said was a discretionary act . . . Discretion having been exercised and the physical fact of that exercise having become a fait accompli, reasonable care in the maintenance and repair of the planted hydrants became imperative.’ [414 Pa. at 206-207.] In short, Thompson would aid the defendant here only if David [the plaintiff] sought to recover from breach of a duty to provide street lights. The complaint, however, clearly alleges negligence in ‘maintaining and/or replacing’ the street lights in question . . . ‘[T]his allegation of negligence exemplifies the type of conduct for which liability could be imposed under the Doyle precept.’” 451 F. Supp. at 880-881 .”
1 later decision quote this exact passage · from the majoritye.g. Erace v. Dreger
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.