McAllister v. Tucker’s Empirical Analysis
1956
Citation profile
1 federal appellate · 7 state decisions
How this case has been cited
Cited by 8 later decisions — most recently October 1970
1 federal appellate · 7 state decisions
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 Seaboard Air Line Railway Co. v. Myrick · Florida Central & Peninsular Railroad v. Williams · Powell v. Gary · Seaboard Air Line Railway v. Tomberlin · Germak v. Florida East Coast Railway Co.
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * An engine driver, seeing an adult upon the track ahead of its engine, or beside the track, has the right to presume that he has possession of his faculties, and that he will obey the instinctive law of self preservation by getting off the truck if he is already on it, or that he will not get on it if already off, unless such engineer, or other person in charge of the engine knows the party, and that he labors under such disability that will prevent his getting or keeping out of the way, or that prevents his knowing of his danger, or unless he sees that the party will not or cannot get or keep out of the way. * * *”
1 later decision quote this exact passage“verdict was contrary to the manifest weight of the evidence,”
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.