Franklin v. Franklin’s Empirical Analysis
1945
Citation profile
3 federal appellate · 50 state decisions
How this case has been cited
Cited by 62 later decisions — most recently October 1990 · most notably 62 Cal. App. 3d 389 - Goodley v. Wank & Wank, Inc. (1976), 33 Cal. 2d 315 - Zaragosa v. Craven (1949)
3 federal appellate · 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 Brown v. Brown · McFadden v. Santa Ana, Orange, & Tustin Street Railway · London Guarantee & Accident Co. v. Industrial Accident Commission · McKune v. Santa Clara Valley Mill & Lumber Co. · Adams v. White Bus Line
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In the states of California, Idaho, Texas and Washington the courts reason that a cause of action for a personal injury is a chose in action and, therefore, property, and if the person injured is married, it is acquired during marriage, by a mode of acquisition not named as separate by statute, and is therefore common by force of the statutory formula. “Those who reason this way must establish that the right of the wife’s personal security is not her own, but belongs to the community, or that the violation of an individual or separate right may give rise to a community right to have the compensation. Neither proposition is in accord with common-law principles. “They do not start with the primary right and follow it in its regular course of development to its violation, and on to compensation, but they start at a point outside the line of its development, and cross that line at right angles at the point where the right to personal security takes on the character of a right to have pecuniary compensation, and assuming, contrary to the common law, that at this point it 'has become property, push it out of its regular course, and across the line into the field of property. “It may be urged that compensation is made by a transfer of property, and that the cause of action is potential or inchoate property. Conceded if you please, for the present, and what is the effect? You have not yet got rid of the fact that the cause of action takes its' character as separate or common from th”
1 later decision quote this exact passagee.g. Soto v. Vandeventer“Prior to the amendment of section 370 of the Code of Civil Procedure, in 1913 [Stats. 1913, p. 217], in an action for injuries to the wife the husband was a necessary party. In such an action, since the amendment, the wife may sue alone, but she is not required to sue in that manner. All persons having an interest in the subject of the action and in obtaining the relief demanded may be joined as parties, except when otherwise expressly provided. (Code Civ. Proc., sec. 378.) Money recovered for damages to the wife in this state has always been held to be community property, because it was not owned by the wife before marriage, nor acquired afterward by gift, devise, bequest, or descent. (Civ. Code, sec. 162; Moody v. Southern Pac. Co., 167 Cal. 786 [ 141 P. 388 ].)”
1 later decision quote this exact passage““But the meaning to be given to the word depends upon the sense in which it is used, as gathered from the context and the nature of the things which it was intended to refer to and include.””
1 later decision quote this exact passagee.g. Bogan v. Wiley
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.