Distad v. Cubin’s Empirical Analysis
1981
Citation profile
2 federal appellate · 1 district · 50 state decisions
How this case has been cited
Cited by 53 later decisions — most recently June 2018 · most notably McClellan v. Tottenhoff (1983), Skinner v. State (2001)
2 federal appellate · 1 district · 50 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 50 Cal. 2d 693 - Johnson v. Superior Court · Olson v. Westerberg · ABC Builders, Inc. v. Phillips · Ferrell v. Baxter · Webb v. Hardin
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The court may adopt as the standard of conduct of a reasonable man the requirements of a legislative enactment or an administrative regulation whose purpose is found to be exclusively or in part (a) to protect a class of persons which includes the one whose interest is invaded, and (b) to protect the particular interest which is invaded, and (c) to protect that interest against the kind of harm which has resulted, and (d) to protect that interest against the particular hazard from which the harm results.”
6 later decisions quote this exact passage“"* * * We will not substitute our judgment on the facts for the jury's in the presence of substantial evidence. On appeal we assume the evidence in favor of the successful party is true and leave out of consideration entirely the evidence presented by the unsuccessful party in conflict therewith, and we give the evidence of the successful party every reasonable inference that may be reasonably drawn from it. * * *" Distad v. Cubin, Wyo., 633 P.2d 167, 180 (1981).”
3 later decisions quote this exact passage“"§ 285. How Standard of Conduct is Determined. "The standard of conduct of a reasonable man may be "(a) established by a legislative enactment or administrative regulation which so provides, or "(b) adopted by the court from a legislative enactment or an administrative regulation which does not so provide, or "(c) established by judicial decision, or "(d) applied to the facts of the case by the trial judge or the jury, if there is no such enactment, regulation, or decision."”
2 later decisions quote this exact passagee.g. Ely v. Kirk · Frost v. Allred
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.