Ely v. Kirk’s Empirical Analysis
1985
Citation profile
1 federal appellate · 1 district · 19 state decisions
How this case has been cited
Cited by 22 later decisions — most recently August 2014
1 federal appellate · 1 district · 19 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 McGuire v. McGuire · Danculovich v. Brown · ABC Builders, Inc. v. Phillips · Rocky Mountain Oil and Gas Ass'n v. State · Caterpillar Tractor Co. v. Donahue
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[this is not probable inasmuch as the land should have some value even if the house is not usable. The house itself should have some salvage value.”
2 later decisions quote this exact passage“"The defendants have the burden of establishing by a preponderance of the evidence that the alleged damages were caused solely by an act of God. An act of God is any accident due directly and exclusively to natural causes without human intervention which by no means of foresight, anticipation or care, reasonably to have been expected could have been prevented. "In order for an act of God to be a defense to the Plaintiffs' claims in this matter the act of God must be the only cause of injury. There can be no combination of an act of God and fault of man as a presence of the fault of man eliminates the act of God as a defense."”
1 later decision quote this exact passage“There was no evidence to support the figure of $5,700.00 or any other figure representing the difference in value between a house in which living is over a basement containing sewage on the one hand, and a house without a basement on the other hand — other than evidence that the house with a sewage filled basement has no value at all; and the trial court’s figure of $5,700.00 was obviously not an adjustment from the “no value at all” testimony.”
1 later decision quote this exact passage
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.