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← 63 F.2d 170 - Ruebush v. Funk

Ruebush v. Funk’s Empirical Analysis

63 F.2d 170 · 1933

Citation profile

21
cited by 21 later decisions
3
states following
October 1994
most recently cited

6 federal appellate · 4 state decisions

How this case has been cited

Cited by 21 later decisions — most recently October 1994

6 federal appellate · 4 state decisions

701933194019501960197019801990decided

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

Applies 11 U.S.C. § 103 · 11 U.S.C. § 110

Relies on Isaacs v. Hobbs Tie & Timber Co. · Sibley v. Nason · Anderson v. Hygeia Hotel Co. · Beavers' Administratrix v. Putnam's Curator · Board of Trade of Chicago v. Weston

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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““The language of the act clearly indicates that the legislature had in view the rule of the common law, and that its purpose in passing the act was to provide for the case of an injured person who had a good cause of action, but died from injuries without having recovered his damages. It intended to withdraw from the wrongdoer the immunity from civil liability which the rule of the common law afforded him, and to provide for the recovery of such damages notwithstanding the death of the injured person. In so doing, however, it plainly did not intend to continue or cause to survive his right of action for the injury, but to substitute for it, and confer upon his personal representative, a new and original right tif action.” (Citing cases.) “It is very clear that this new right of action, though founded upon a wrong already actionable by existing law in favor of an injured person, for Ms damages, was not intended to be, and is not, a derivative one. * * * ” (Italics added.)”
    1 later decision quote this exact passage · from the majority
  2. ““It is not, and never has been, the policy of the law to coin into money for the profit of his creditors the bodily pain, mental anguish or outraged feelings of a bankrupt. None of the federal or English bankruptcy acts, nor our own insolvency statutes, have gone to that length.””
    1 later decision quote this exact passage · from the majority
  3. “Now, a claim which has not obtained the condition of a fixed liability cannot be characterized as a debt due and payable either presently or at a future day....”
    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.