Cerrillos Coal Railroad v. Deserant’s Empirical Analysis
1897
Citation profile
1 federal appellate · 15 state decisions
How this case has been cited
Cited by 18 later decisions (1 by the Supreme Court) — most recently August 1990
1 federal appellate · 15 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 Grand Trunk Ry Co of Canada v. Ives · Milwaukee and Saint Paul Railway Company v. Kellogg · Hough v. Railway Co. · Baltimore Co v. Baugh · Lake Shore Ry Co v. Prentice
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It must be considered,- however, that as our statute gives a right of recovery to any one who is of kin in the same way that it gives it to the wife and children of deceased, merely prescribing who are prior distributees of what Is recovered, the rules for estimating the loss in each case should be the same. ¡Such a rule must be that from the proof as to age, earning capacity, health, habits, and probable duration of life the jury shall say what is the present worth of the life of deceased, with nothing to be added by way of consolation to the parties or party entitled as distributees to the proceeds of recovery, and nothing for suffering or anguish of mind or body by the deceased. It is resolved into a cold question of dollars, with sentiment in no way to be taken into account Neither does the question of mitigating or aggravating circumstances have any weight so far as the damages denominated by our statute ‘compensatory’ are concerned. If there should be a recovery, full compensation should be awarded, mitigating or aggravating circumstances having effect only on the question of allowing or not allowing exemplary damages in addition to full compensation.” Cerillos C. R. Co. v. Deserant, 9 N. M. 49 , 67, 49 Pac. 807 , 813.”
2 later decisions quote this exact passage““The rule in statutory actions for injuries causing death is, as shown by abundance of authority, that the damages recoverable is compensation for the pecuniary loss to the parties entitled to recovery.” [Citations omitted]”
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.