Brooks v. . Schwerin’s Empirical Analysis
1873
Citation profile
37 state decisions
How this case has been cited
Cited by 40 later decisions (1 by the Supreme Court) — most recently January 1939 · most notably Thompson v. Thompson (1910), Texas Pacific Railway Company v. Emma Humble (1901)
37 state decisions — followed in 11 states
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.
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The services of the wife in the household, in the discharge of her domestic duties, still belong to the husband, and in rendering such service she still bears to him the common-law relation. So far as she is injured so as to be disabled to perform such services for her husband, the loss is his and not hers, and for such loss of service he and not she can recover of the wrongdoer. But when she labors for another, her service no longer belongs to her husband, and whatever she earns in such service belongs to her as if she were a feme sole, and so far as she is disabled to perform such service by any injury to her person, she can in her own name recover compensation against the wrongdoer for such disability as one of the consequences of the injury, . . . and the money recovered shall be her sole and separate property.” (Brooks v. Schwerin, 54 N. Y. 343 ; Minick v. City of Troy, 19 Hun, 253 ; C. B. & Q. Rld. Co. v. Dunn, 52 Ill. 260 ; Townsdin v. Nutt, 19 Kas. 282 ; 3 Sutherland on Damages, 723.)”
1 later decision quote this exact passage““Any married woman may carry on any trade or business, and perform any labor or service on her sole and separate account, and the earnings of any married woman from her trade, business, labor or service shall be her sole and separate property, and may be used and invested by her in her own name.””
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.