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← 77 SO2D 757 - Fetterly v. McNeely

Fetterly v. McNeely’s Empirical Analysis

1955

Citation profile

13
cited by 13 later decisions
2
states following
February 1985
most recently cited

13 state decisions

How this case has been cited

Cited by 13 later decisions — most recently February 1985

13 state decisions

701955196019701980decided

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 Loprestie v. Roy Motors, Inc. · In Re Employers' Liability Assur. Corp. · Louque v. Whittaker · Gaines v. Standard Acc. Ins. Co. · Hamburger v. Katz

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

  1. “"The doctrine of res ipsa loquitur is based upon the legal proposition that where the defendant is shown to be in a better position to explain the accident than the plaintiff, and where the circumstances of its occurrence indicate that plaintiff cannot be expected to have any information as to the causes of the accident, which is of a kind that does not occur ordinarily when due care has been exercised, `the rule of evidence is that the accident speaks for itself—res ipsa loquitur—that is to say, that a presumption of negligence arises from the fact itself of the accident.'"”
    2 later decisions 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.