American Elevator Co. v. Briscoe’s Empirical Analysis
1977
Citation profile
2 federal appellate · 26 state decisions
How this case has been cited
Cited by 28 later decisions — most recently June 2016 · most notably Giles v. City of New Haven (1994), Hallmark v. Eldridge (2008)
2 federal appellate · 26 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 15 Cal. 3d 351 - Newing v. Cheatham · Shoshone Coca-Cola Bottling Company v. Dolinski · Warden, Nevada State Prison v. Lischko · Bias v. Montgomery Elevator Co. of Kansas, Inc. · Bialer v. St. Mary's Hospital
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Res ipsa loquitur is a balancing doctrine, and while the plaintiff need not show the exact cause of an injury he must at least show that it is more probable than not that the injury resulted from the defendant’s breach of duty. If that is shown, an inference of negligence on the part of defendant arises, and it is then incumbent on the defendant to come forward with rebuttal evidence.””
3 later decisions quote this exact passage“presented facts to the jury which would indicate that some negligent maintenance had occurred. The ... incident was not an isolated phenomenon. Evidence was adduced through several [building] employees which showed anomalies in the elevator's operation on many occasions prior to the ... accident. * * * * * * To require a plaintiff to establish exclusive control in the defendant with respect to any possible cause of the accident before permitting the application of res ipsa loquitur would emasculate the doctrine. He was required, as was done, only to produce sufficient evidence from which it could be said that it was more likely than not that it was negligence on the part of his adversary.”
2 later decisions 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.