Insurance Company v. Tweed’s Empirical Analysis
74 U.S. 44 · 1868
Citation profile
61 federal appellate · 10 district · 70 state decisions
How this case has been cited
Cited by 185 later decisions (11 by the Supreme Court) — most recently October 1974 · most notably Fleischmann Const Co v. United States (1926), Insurance Company v. Boon (1877)
61 federal appellate · 10 district · 70 state decisions — followed in 23 states
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 Charles St. John v. American Mutual F. & M. Insurance
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 185 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If we could deduce from them the best possible expression of the rule, it would remain, after all, to decide each case largely upon the special facts belonging to it, and often upon the very nicest discriminations.” Mutual Ins. Co. v. Tweed, 7 Wall. 44 , 19 L. Ed. 65 .”
6 later decisions quote this exact passage · from the majority““Inasmuch as they could have made such an agreement in the court below, -we have concluded to act upon it here as if it had been so made.””
3 later decisions quote this exact passage · from the majority““This company shall not be liable for any loss or damage caused by water or rain, whether driven by wind or not, unless tbe building insured * * * shall first sustain an actual damage to the roof or walls of the same by the direct force of the wind, and shall then be liable only for such damage as to the interior of the building * * * as may be caused by water or rain entering the building through the openings in the roofs or walls made by the direct action of the wind.””
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.