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← 88 F.1d 116 - Baltimore & O. R. v. Hellenthal

Baltimore & O. R. v. Hellenthal’s Empirical Analysis

88 F. 116 · 1898

Citation profile

13
cited by 13 later decisions
1
states following
November 1924
most recently cited

12 federal appellate · 1 state decisions

How this case has been cited

Cited by 13 later decisions — most recently November 1924

12 federal appellate · 1 state decisions

601898190019101920decided

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 Grand Trunk Ry Co of Canada v. Ives · Inland & Seaboard Coasting Co. v. Tolson · Coffin v. United States · Washington & Georgetown Railroad v. Harmon's Administrator · Baltimore Co v. Mackey

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. ““There is, however, a qualification of this general rule as thus stated, as fully established by decisions of the highest authority as the rule itself. This qualification is expressed in the proposition that, if it be shown that the defendant, after becoming aware of the plaintiffs negligence, might, by the exercise of reasonable care and prudence, have avoided the effect of the plaintiffs negligence or trespass, the defendant is liable for the injury. The qualification of the rule is thus stated in Railway Co. v. Ives, 144 U. S. 408 , 429, 12 Sup. Ct. 687 : ‘Although the defendant’s negligence may have been the primary cause of the injury complained of, yet an action for such injury cannot be maintained if the proximate and immediate cause of the injury can be traced to the want of ordinary care and caution in the person injured; subject to this qualification, which has grown up in recent years (having been first enunciated in Davies v. Mann, 10 Mees. & W. 546), that the contributory negligence of the party injured will not defeat the action if it be shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the injured party’s negligence.’ ””
    1 later decision quote this exact passage · from the majority

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.