Daniels v. McKay Machine Co.’s Empirical Analysis
607 F.2d 771 · 1979
Citation profile
7 federal appellate · 7 state decisions
How this case has been cited
Cited by 17 later decisions — most recently November 2004
7 federal appellate · 7 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 Peter J. Migliorini v. New York · General Inv Co v. Lake Shore & M S Ry Co · 32 Ill. 2d 612 - Suvada v. White Motor Co. · Goldey v. Morning News · Iannelli v. United States
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘ “The basis for the rule [that the seller be engaged in the business of selling such a product] is the ancient one of the special responsibility for the safety of the public undertaken by one who enters into the business of supplying human beings with products which may endanger the safety of their persons and property, and the forced reliance upon the undertaking on the part of those who purchase such goods. This basis is lacking in the case of the ordinary individual who makes the isolated sale, and he is not liable to a third person, or even to his buyer, in the absence of his negligence.” ’ ” Goetz v. Avildsen Tool & Machines, Inc., 82 Ill. App. 3d 1054, 1062 , 403 N.E.2d 555, 561-62 (1980), quoting Daniels v. McKay Machine Co., 607 F.2d 771, 775 (D.C. Cir. 1979), quoting Restatement (Second) of Torts § 402A, Comment f, at 351.”
1 later decision quote this exact passage · from the majority“The state court’s ruling was purely interlocutory, and its status in this regard was not affected by the removal. Being interlocutory, it was subject to reconsideration, and would continue to be so up to the passing of a final decree. Had the cause remained in the state court, the power to reconsider would have been in that court, but when the removal was made the power passed with the cause to the District Court. Of course in the latter the ruling was to be treated with respect, but not as final or conclusive.”
1 later decision quote this exact passage · from the majority“All injunctions, orders and other proceedings had in such action prior to removal shall remain in full force and effect until dissolved or modified by the district court.”
1 later decision quote this exact passage · from the majority
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.