Gerard v. Smith’s Empirical Analysis
1932
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently June 2015
16 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 Spann v. City of Dallas · Spann v. City of Dallas · Clark, Sheriff v. Finley, Comptroller · Ex Parte Whitley · City of New Braunfels v. Waldschmidt
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We are of the opinion that there can be no serious question but that there is danger of infection to the public from the carelessness and unskillfulness of barbers and from unsanitary methods of performing the functions of that occupation. The infection may be communicated from the barber himself to the customer or from one customer to another. Therefore the regulation of the occupation is proper for the protection of the health of the public and, consequently, a proper subject for the exercise of the police power.””
2 later decisions quote this exact passage““The classification of subjects is a legislative function, St. Louis Southwestern R. Co. v. State, 113 Tex. 570 , 261 S.W. 996 , 33 A.L.R. 367 , and a statute will not be held invalid by reason of the classification made, unless it appears that the basis therefor is purely arbitrary, Interstate Forwarding Co. v. Vineyard, (Tex.Civ.App.) 3 S.W.2d 947 , and it will be presumed that the classification adopted is a just and reasonable one, Supreme Lodge United Benev. Ass’n v. Johnson, 98 Tex. 1 , 81 S.W. 18 . If the classification could have seemed reasonable to the Legislature, then our duty is to sustain it, regardless of our own opinions on the matter. Clark v. Finley, 93 Tex. 171 , 54 S.W. 343 ; Bradford v. City of Houston (Tex.Civ.App.) 4 S.W.2d 592 .””
1 later decision quote this exact passage““If it has any such right, it comes within what is termed the police power. There have been many definitions of the term ‘police power’ and many cases .before the courts of the country assailing statutes as not being within that power.””
1 later decision quote this exact passage
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.