DeHerrera v. Herrera’s Empirical Analysis
1977
Citation profile
6 federal appellate · 1 district · 45 state decisions
How this case has been cited
Cited by 52 later decisions — most recently June 2021 · most notably Campbell v. State (1985), McGuire v. McGuire (1980)
6 federal appellate · 1 district · 45 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 Sea-Land Services, Inc. v. Gaudet · Voss v. Ralston · Sea-Land Services, Inc. v. Gaudet · Greene v. Texeira · Wyoming State Treasurer v. City of Casper
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... It is contrary to reason to ascribe to a statute a meaning that will nullify its operation, if capable of any other interpretation... .”
6 later decisions quote this exact passagee.g. State v. Marquez · Nimmo v. State“. . . Thus was reached the same result we visualize exists in Wyoming by virtue of § 1-28, as interpreted by Parsons, along with our own holding here. The personal injury survival statute in Kansas had no such proviso as in § 1-28 but the court, by judicial interpretation, construed its wrongful death act to be the exclusive remedy if death ensued as a result of the negligence and the survival statute to apply if there was no death caused by the other. The court did there, by judicial fiat, what the Wyoming legislature has done by statute. The Kansas court later, on rehearing, in Prowant v. Kings-X, Inc., reversed itself and concluded that the survival statute means what it says and allows a recovery on behalf of the estate for its losses, separate and apart from the wrongful death act.”
2 later decisions quote this exact passage““ * * * It must be realized that the wrongful death statutes, §§ 1-1065 and 1-1066 [§§ 2-14-201 and 2-14-202, W.S. 1977 5 ], are not part of the probate code, though provision is made for the appointment of an administrator. The designation of an administrator as a trustee is only a device to provide a party to file suit and pay over any damages collected to the beneficiaries designated by statute. The amount recovered does not become a part of the decedent’s estate and is not liable for debts of the estate or subject to estate administration. Jordan v. Delta Drilling Company, Wyo.1975, 541 P.2d 39, 42 .””
2 later decisions 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.