Hogan v. McDaniel’s Empirical Analysis
1958
Citation profile
8 federal appellate · 65 state decisions
How this case has been cited
Cited by 73 later decisions — most recently March 2017 · most notably Summerfield v. Superior Court, Maricopa Cty. (1985), Smith v. Brennan (1960)
8 federal appellate · 65 state decisions — followed in 21 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 Verkennes v. Corniea · Dietrich v. Inhabitants of Northampton · RAINEY v. Horn · Amann v. Faidy · Snow v. Allen
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The right of action which a person, who dies from injuries received from another, or whose death is caused by the wrongful act, omission, or killing by another, would have had against the wrongdoer, in case death had not ensued, shall not abate or be extinguished by his death, but shall pass to * * # his natural parents * * #.””
2 later decisions quote this exact passage · from the majority““Where a right of action is dependent upon the provisions of a statute, as in the case at bar, we are not privileged to create such a right under the guise of a liberal interpretation of it. Judicial legislation has long been regarded by the legal profession as unwise, if not dangerous business. It is generally an ill-starred adventure by wilful men.” 319 S.W.2d at 223 .”
1 later decision quote this exact passage · from the majoritye.g. Hamby v. McDaniel““There is no ambiguity in our Wrongful Death Statute. We must consider it as it is written, not as we would have it. Only the Legislature has authority to create legal rights and interests. It results that no right of action, such as plaintiffs seek to assert, can be brought until there is legislative authority for it.” 319 S.W.2d at 225 .”
1 later decision quote this exact passage · from the dissente.g. Hamby v. McDaniel
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.