Kersey v. Harbin’s Empirical Analysis
1975
Citation profile
2 federal appellate · 15 state decisions
How this case has been cited
Cited by 18 later decisions — most recently November 2005
2 federal appellate · 15 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 Preston v. Texas · Downey v. United Weatherproofing, Inc. · Duncan v. Koustenis · Maybach v. Falstaff Brewing Corp. · Crabbe v. School Board and Albrite
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[T]hese special defenses are very abstractly stated. The first two are essentially claims of immunity based on the assertion that the particular defendant was performing a governmental function, but because we do not know what the specific duties and responsibilities of the individual defendants were, we cannot satisfactorily resolve the question of their possible immunity from the face of the petition. * * * We can say with reasonable confidence that we know of no general principle of law which clothes grammar school teachers with immunity from liability for their negligent acts. Downs v. Conway School Dist., 328 F.Supp. 338, 348-349 [5] [6] (E.D.Ark.1971); Duncan v. Koustenis, 260 Md. 98 , 271 A.2d 547, 550-552 [1] [2] (1970); Eastman v. Williams, 124 Vt. 445 , 207 A.2d 146, 148-149 [4-7] (1965); Crabbe v. County School Bd. of Northumberland Co., 209 Va. 356 , 164 S.E.2d 639, 641 [3] (1968); Annot., 32 A.L.R.2d 1163 , 1186-1189 (1953); Proehl, Tort Liability of Teachers, 12 Vand.L. Rev. 723, 739-742 (1959) * * * * It is nevertheless our tentative opinion that the scope of an individual instructor’s duty to avoid injury to any particular student by controlling the conduct of the others is very narrow, particularly in view of the constitutional restrictions now laid upon teachers in disciplining their students. Baker v. Owen, 395 F.Supp. 294, 302-303 [8-10] (M.D.N.C.1975), aff’d, 423 U.S. 907 , 96 S.Ct. 210 , 46 L.Ed.2d 137 (1975). However the defendants’ first two collectiv”
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.