State v. Housekeeper’s Empirical Analysis

Citation profile

7 federal appellate · 4 district · 74 state decisions

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

1. “Surely the law does not authorize the husband to say to his wife: ‘You shall die of the cancer; you cannot be cured, and a surgical operation affording only temporary relief, will result in useless expense.” The husband had no power •to withhold from his wife the medical assistance which her case might require.”

   3 later decisions quote this exact passage · from the majority
   e.g. Abigail Alliance for Better Access to Developmental Drugs v. von Eschenbach · Rishworth v. Moss

2. ““It was the duty of the professional men to exercise ordinary care and skill, and this being a duty imposed by law, it will be presumed that the operation was carefully and skillfully performed in the absence of proof to the contrary. As all persons are presumed to have duly performed any duty imposed on them, negligence cannot be presumed, but must be affirmatively proved.... This principle is especially applicable in suits against physicians and surgeons for injuries sustained by reason of alleged unskillful and careless treatment. The burden of proof is on the plaintiff to show a want of proper knowledge and skill.””

   1 later decision quote this exact passage · from the majority
   e.g. 29 Md. App. 329 - Hans v. Franklin Square Hospital

3. ““ . . . The consent of the wife, not that of the husband, was necessary.””

   1 later decision quote this exact passage · from the majority
   e.g. Murray v. Vandevander