State v. Johnson’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 28 state decisions

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

1. ““ ‘Osteopathy’ is defined (Webster’s New International Dictionary) as: ‘A system of treatment based on the theory that diseases are chiefly due to deranged mechanism of the bones, nerves, blood vessels, and other tissues, and can be remedied by manipulations of these parts.’ It has been judicially defined as: ‘A method of treating diseases of the human body without the use of drugs, by means of manipulations applied to various nerve centers — chiefly those along the spine— ■with a view to inducing free circulation of the blood and lymph, and an equal distribution of the nerve forces.’ Special attention is given to the readjustment of any bones, muscles, or ligaments not in the normal position. * * * ‘Medicine’ * * * is * * * ‘the science and art dealing with the prevention, cure, and alleviation of diseases; in a narrower sense, that part of the science and art of restoring and preserving health which is the province of the physician as distinguished from the surgeon and obstetrician.’ He defines ‘surgery’ as: ‘Art or practice of healing by manual operation ; that branch of medical science which treats of mechanical or operative measures for healing diseases, deformities, or injuries.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Waldo v. Poe

2. ““Any person shall 'be regarded as practicing medicine and surgery within the meaning of this act who shall prescribe, or who shall recommend for a fee, for like use, any drug or medicine, or perform any surgical operation of whatsoever nature for the cure or relief of any wounds, fracture or bodily injury, infirmity or disease of another person, ... or any person representing or advertising himself by any means or through any medium whatsoever, or in any manner whatsoever, so as to indicate he is authorized to or does practice medicine or surgery in this state, or that he is authorized to or does treat the sick or others afflicted with bodily infirmities, but nothing in this act shall be construed as interfering with any religious beliefs in the treatment of diseases; provided, that quarantine regulations relating to contagious diseases are not infringed upon. All persons who practice osteopathy shall be registered and licensed as doctors of osteopathy, as hereinbefore provided, but they shall not administer drugs or medicine of any kind nor perform operations in surgery.” (Laws 1908, ch. 63, § 1, Gen. Stat. 1909, § 8090.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Peters

3. ““But medicine and surgery, which the appellee is charged with attempting to practice, by common use and adjudged meaning, cover a wide portion of the domain of healing, and may and should be held to cover the case of one who, not claiming to be a physician or surgeon, really practices osteopathy under another guise without possessing the qualifications required of the osteopath.””

   1 later decision quote this exact passage · from the majority
   e.g. State ex rel. Kansas State Board of Medical Registration & Examination v. Martin