O'Brien v. Capwell’s Empirical Analysis
1870
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently May 1975 · most notably Franklin v. . Brown (1889), Harpel v. Fall (1896)
25 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 Nicholson v. . the Erie Railway Co. · McGlashan v. Tallmadge
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In such case, where no affirmative fault, misfeasance or affirmative wrong was committed by the defendant or is imputed to him, it is essential to sustain a recovery, to establish that the defendant owed some clear, specific, legal duty to the party injured, which was violated.” (p. 504.)”
1 later decision quote this exact passagee.g. Bailey v. Kelly
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.