McGhee v. White’s Empirical Analysis
66 F. 502 · 1895
Citation profile
9 federal appellate ·
How this case has been cited
Cited by 9 later decisions — most recently January 1912
9 federal appellate ·
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 Grand Trunk Ry Co of Canada v. Ives · Elliott v. Chicago M St P Ry Co · French v. Taunton Branch Railroad · Cincinnati, N. O. & T. P. Ry. Co. v. Farra
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It Is very improbable that, if Kennedy had seen the train coming, he would have attempted to cross when so far from the track that he could not reach it with his wagon wheels before the coming of the train. The presumption of fact, and of law, too, would be against the existence of such wanton and reckless negligence, and the plaintiff was entitled to have the jury weigh the credibility of Hiss Caldwell’s evidence in the light of the circumstances.””
3 later decisions quote this exact passage · from the majority““Kennedy might therefore reasonably presume that, in the 40 yards he had to go to reach the track, another train would not pass the crossing. At least, this circumstance prevents us from holding as a matter of law that his failure to look was contributory negligence. It required the submission of the issue to the jury.” '”
1 later decision quote this exact passage · from the majority“<i * * » Tbe evidence quite clearly establishes that Green Kennedy could not see the engine coming east until he was within 20 feet of the track, and until the engine was within 120 feet of the crossing.””
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.