Askay v. Maloney’s Empirical Analysis
1919
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently May 1999
24 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 Radcliff's Executors v. . Mayor, C. of Brooklyn · Morris v. Platt · Morgan v. Mulhall · Supreme Tent Knights of Maccabees of the World v. Stensland · Macomber v. Nichols
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“«* * * of course, it was their duty to act with reasonable prudence to avoid the injury of innocent persons, and the care must be commensurate with the danger involved. It goes without saying that a greater quantum of caution should be observed in firing upon him with pistols than if they were grappling him with their hands. Whether they were negligent under all the circumstances of the case, as a result of which the injury was inflicted, was a question for the jury to determine according to the preponderance of the evidence upon a consideration of the whole case. Palmer v. P. R. L. & P. Co., 56 Ore. 262 , 108 P. 211 , 59 Am. & Eng. R. Cas. (N. S.) 68. See, also, Morris v. Platt, 32 Conn. 75 ; Paxton v. Boyer, 67 Ill. 132 , 16 Am. Rep. 615 ; Shaw v. Lord, 41 Okla. 347 , 137 P 885 , 50 L. R. A. (N. S.) 1069; Ann. Cas. 1916C, 1147; Brown v. Kendall, 6 Cush. (Mass.) 292—cited in the former opinion.””
1 later decision quote this exact passagee.g. Cook v. Hunt““Generally speaking, the burden of proof, in the sense of the duty of producing evidence, passes from party to party as the case progresses, while the burden of proof, meaning the obligation to establish the truth of the claim by a preponderance of evidence, rests throughout upon the party asserting the affirmative of the issue, and, unless he meets this obligation upon the whole case, he fails.””
1 later decision quote this exact passagee.g. Hawley v. Hawley“‘ ‘ The party having the affirmative of the issue shall produce the evidence to prove it * * .””
1 later decision quote this exact passagee.g. Hawley v. Hawley
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.