Withers v. Greene’s Empirical Analysis
50 U.S. 213 · 1850
Citation profile
20 federal appellate · 4 district · 5 state decisions
How this case has been cited
Cited by 43 later decisions (4 by the Supreme Court) — most recently November 1978 · most notably Lewis v. Benedict Coal Corp. (1960), Dushane v. Benedict (1887)
20 federal appellate · 4 district · 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
Relies on Ladd v. Blunt · Pulsifer v. Hotchkiss · Beecker & Beecker v. Vrooman · Runyan v. Nichols
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although it is true, as a general rule, that unliquidated damages cannot he the subject of set-off, yet it is well settled that a total or partial failure of consideration, acts of nonfeasance or misfeasance, immediately connected with the cause of action, or any equitable defence arising out of the same transaction, may be given in evidence in mitigation of damages, or recouped; not strictly by way of defalcation or set-off, but for the purpose of defeating the plaintiff’s action in whole or in part, and to avoid circuity of action.”
1 later decision quote this exact passagee.g. Dushane v. Benedict
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.