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← 82 S.D. 317 - Conway v. Humbert

Conway v. Humbert’s Empirical Analysis

1966

Citation profile

66
cited by 66 later decisions
3
states following
August 2025
most recently cited

66 state decisions

How this case has been cited

Cited by 66 later decisions — most recently August 2025 · most notably Enghauser Manufacturing Co. v. Eriksson Engineering Ltd. (1983), Bego v. Gordon (1987)

66 state decisions

3401966197019801990200020102020decided

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 Dalehite v. United States · 18 Ill. 2d 11 - Molitor v. Kaneland Community Unit District No. 302 · Holytz v. City of Milwaukee · Spanel v. Mounds View School District No. 621 · 96 So. 2d 130 - Hargrove v. Town of Cocoa Beach

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

  1. “A distinction unquestionably exists between sovereign immunity from suit and sovereign immunity from liability. A consent statute would not create a cause of action in favor of a claimant. Nonetheless, in the absence of legislative enactment the state is immune from suit and liability for tort commited by an officer or employee in the performance of his duties. (Citation omitted).”
    3 later decisions quote this exact passage
  2. “[t]he Legislature shall direct by law in what manner and in what courts suits may be brought against the state.”
    3 later decisions quote this exact passage
  3. ““The legislature within constitutional limitations unquestionably has control over the liability to which the state and its governmental subdivisions and agencies may be subjected for tort. The legislature recognizing the nonliability of counties and townships for tort in the absence of legislation subjected them together with municipalities to liability for injuries sustained because of defective highways. SDC 1960 Supp. 28.0913; Robinson v. Minnehaha County, 65 S.D. 628 , 277 N.W. 324 ; Williams v. Wessington Township, 70 S.D. 75 , 14 N.W.2d 493 . A municipality and its governing board are specifically exempted from tort liability where the activity engaged in is the improvement, maintenance or operation of a park which is under the supervision of a park board. SDC 45.2539; see Glirbas v. City of Sioux Falls, 64 S.D. 45 , 264 N.W. 196 . There is statutory provision permitting counties and cities operating hospitals to contract for liability insurance protecting hospital employees against liability for negligence or malpractice. Ch. 199, Laws of 1955. A subsequent statute, Ch. 276, Laws 1959, authorizes a municipality to obtain insurance coverage ‘against such acts or omissions for which the municipality may be legally liable.’ The legislature, aware of the rule of immunity, limited the extent of coverage. See Jerauld County v. St. Paul Mercury Indemnity Co., 76 S.D. 1 , 71 N.W.2d 571 .” 82 S.D. at 322 , 145 N.W.2d at 527 .”
    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.