Hill v. Kimball’s Empirical Analysis
1890
Citation profile
11 federal appellate · 190 state decisions
How this case has been cited
Cited by 201 later decisions — most recently August 2009 · most notably Stanback v. Stanback (1979), El Chico Corp. v. Poole (1987)
11 federal appellate · 190 state decisions — followed in 15 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.
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 201 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““After a very careful consideration of the petition, we áre of opinion that its allegations show a cause of action. We have found no exact precedent for such an action, but that is no sufficient reason why an action should not be sustained. That a physical personal injury may be produced through a strong emotion of the mind there can be no doubt. The fact that it is more difficult to produce such ah injury through the operation of the mind than by direct physical means affords no sufficient ground for refusing compensation, in an action at law, when the injury is intentionally or negligently inflicted. It may be more difficult to prove the connection between the alleged cause and the injury, but if it be proved, and the-injury be the proximate result of the cause, we cannot say that a recovery should not be had.””
3 later decisions quote this exact passage“In this last sense the word would include injuries to persons or property which are the result of the negligence of the wrongdoer, and it seems to us more in consonance with the purpose and spirit of the exception to hold that it was in this sense that it was intended that the word should be used. We presume the exception was made in the interest of the injured party, and not of the wrongdoer, and we see no good reason why a distinction should be made between an injury resulting from intentional violence and one resulting from negligence. It occurs to us the consideration which induced the exception was that one who had been injured in his person or his property by the wrongful or negligent conduct of another should not be driven to a distant forum to get redress for his wrongs.”
1 later decision quote this exact passagee.g. Winslow v. Gentry
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.