Rodgers v. Ferguson’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 15 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to real or personal estate, or for any deceit or fraud, shall also survive, and the action may be brought, notwithstanding the death of the person entitled or liable to the same. The cause of action for wrongful death and the cause of action for personal injuries, shall survive the death of the party responsible therefor.”

   2 later decisions quote this exact passage
   e.g. Oliveros v. Mitchell · Padilla v. Estate of Griego

2. “No action pending in any court shall abate by the death of either, or both, the parties thereto, except an action for libel, slander, malicious prosecution, assault or assault and battery, for a nuisance or against a justice of the peace [magistrate] for misconduct in office, which shall abate by the death of the defendant.”

   2 later decisions quote this exact passage
   e.g. Padilla v. Estate of Griego · 960 F. Supp. 2d 1200 - Nordwall v. PHC-LAS Cruces, Inc.

3. “[Historical application of the non-survival rule was to violent and intentional torts. It did not develop in connection with the type of tort in this case — negligence — because the tort of negligence did not evolve until approximately 1825.”

   2 later decisions quote this exact passage
   e.g. Oliveros v. Mitchell · 960 F. Supp. 2d 1200 - Nordwall v. PHC-LAS Cruces, Inc.