9 E.H. Smith 446 - Witherbee v. . Meyer’s Empirical Analysis
1898
Citation profile
5 federal appellate · 41 state decisions
How this case has been cited
Cited by 62 later decisions (3 by the Supreme Court) — most recently August 2019 · most notably Flexitized, Inc., and Flexitized Sales Corporation v. National Flexitized Corporation and Dubin-Haskell Lining Corp. (1964), Care Travel Company Ltd v. Pan American World Airways Inc (1991)
5 federal appellate · 41 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 Wakeman v. Wheeler & Wilson Manufacturing Co. · Griffin v. . Colver · Rochester Lantern Co. v. Stiles & Parker Press Co. · Cassidy v. . Le Fevre · Freeman v. Clute
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The grounds upon which is founded the general rule of excluding profits in estimating damages, are (1) that in the greater number of cases such profits are too dependent upon numerous and changing contingencies to constitute a definite and trustworthy measure of damages; (2) because such loss of profits is ordinarily remote and not the direct and immediate result of a non-fulfillment of the contract; (S) the engagement to pay such loss of profits, in cases of default in performance, does not form a part of the contract n$r- can it be said, from its nature and terms, that it was within the contemplation of the parties.””
1 later decision quote this exact passage · from the majority“there must be a showing that the particular damages were fairly within the contemplation of the parties to the contract at the time it was made.”
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.