Kelliher v. Stone & Webster, Inc.’s Empirical Analysis
75 F.2d 331 · 1935
Citation profile
39 federal appellate · 3 state decisions
How this case has been cited
Cited by 46 later decisions — most recently June 1999 · most notably Astron Industrial Associates, Inc. v. Chrysler Motors Corp. (1968), Rachal v. Hill (1970)
39 federal appellate · 3 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 Baltimore Co v. Phillips · Tait v. Western Maryland Railway Co. · United Shoe Machinery Corporation v. United States · Russell v. Place · Hurley v. Kincaid
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * To conclude that particular issue or fact it is necessary that the record of the former suit by itself or as aided by extrinsic evidence of what occurred at the trial should show with certainty that that fact or issue was indeed litigated and decided on its merits * * *.”
2 later decisions quote this exact passage · from the majority“the inquiry is whether the point or question to be determined in the later action is the same as that litigated and determined in the original action.”
1 later decision quote this exact passage · from the majority“judgment operates as an estoppel only as to matters in issue * * * and actually determined in the original suit.”
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.