Carter v. Powell’s Empirical Analysis
1938
Citation profile
1 federal appellate · 10 state decisions
How this case has been cited
Cited by 11 later decisions — most recently March 1990
1 federal appellate · 10 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 Metropolitan Street Railroad v. Johnson · Southern Railway Co. v. Slaton · Weinkle & Sons v. Brunswick & Western Railroad · Fuller v. Inman · 8 Ga. App. 775 - Atlantic Coast Line Railroad v. Daniels
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]f [appellants were] guilty of one or more of the acts of negligence as alleged, and it does not appear that some other cause, such as the negligence, if any there was, of [appellee's deceased], so preponderated in bringing about the result, that the human probabilities are that the injury would just as likely have ensued, if the negligent acts of [appellants] had not occurred, [appellee] should recover. If it does appear that [appellee's deceased] was negligent, and that although [appellants] might also have been guilty of negligence, that [her] negligence so preponderated in bringing about the result that the human probabilities are that the injury would just as likely have ensued if the negligent acts of [appellants] had not occurred, [appellee] should not recover. However, if both were negligent and their negligence stands so related that neither would have produced the harmful result, and the negligence of one has not so intervened as to make it the preponderating cause, and the negligence of both consist of such acts as, according to the general course of human probabilities, produce some such injurious effect as that which did in fact ensue, in such case, both are guilty of concurring negligence, and the recovery of [appellee] should be reduced in the proportion that [his deceased's] negligence contributed to the injury, except of course, if that proportion be one-half or more, there should be no recovery. [Cit.]”
1 later decision quote this exact passage“[T]he inquiry is not whether if [appellee's deceased] had not acted in the manner that she did the injury complained of would not have occurred, but is whether her acts were negligent and if so, whether they were or were not a contributing cause, or whether they were the sole proximate cause. If her acts in the transaction ... were not negligent, i.e. if she acted just as an ordinary prudent person would have acted under similar circumstances, her conduct is to be considered only as a part of the normal course of human affairs. It matters not so much where the accident happened, as it does how and why the accident occurred at the place it did occur.”
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.