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← 88 WASH 429 - Welch v. Creech

Welch v. Creech’s Empirical Analysis

1915

Citation profile

19
cited by 19 later decisions
4
states following
October 2016
most recently cited

2 federal appellate · 2 district · 13 state decisions

How this case has been cited

Cited by 19 later decisions — most recently October 2016

2 federal appellate · 2 district · 13 state decisions

8019151920193019401950196019701980199020002010decided

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 Northern Pacific R. Co. v. Adams · New Orleans Co v. Jopes · Tucker v. State Ex Rel. Johnson · State v. Payne · Scarpelli v. Washington Water Power 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““And it seems clear from the wording of the statute that it was intended that, where death is caused by a wrongful act, or by negligence, that is, a tortious act, the heirs or personal representatives may maintain the action where the deceased might have maintained it had he lived. ’ ’”
    2 later decisions quote this exact passage
  2. “"Prima facie case” means only that the case has proceeded upon sufficient proof to that stage where it must be submitted to the jury, and not decided against the plaintiff as a matter of law. A prima facie case does not necessarily mean that judgment goes in favor of the plaintiff as a matter of law. The jury are still the judges of the sufficiency of the showing to call for a verdict in plaintiff’s favor, and, where there is no affirmative defense, strictly speaking, the jury are to measure plaintiff’s rights, having in view that he has the burden of proof. Welch v. Creech, 153 P. 355, 360 , 88 Wash. 429 , L. R. A. 1918A, 353.”
    1 later decision quote this exact passage
  3. “Where the killing is proved or admitted, a prima facie case is made out, and, when the killing is reasonably accounted for, the burden is met and shifts back to the plaintiff, where it belongs in all civil actions. * * * * * *”
    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.