Tanner v. Smith’s Empirical Analysis
1934
Citation profile
1 federal appellate · 40 state decisions
How this case has been cited
Cited by 41 later decisions — most recently March 2004 · most notably Graham v. Rolandson (1967), Fulton v. Chouteau County Farmers' Co. (1934)
1 federal appellate · 40 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 Robinson v. F. W. Woolworth Co. · Kelley v. John R. Daily Co. · Lahti v. McMenamin · Allen v. Bear Creek Coal Co. · Vonault v. O'Rourke
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"* * * It is elementary that `instructions must be viewed as a whole where error in giving and refusing certain of them is relied on for a reversal of the judgment.' Scott v. Waggoner, 48 Mont. 536 , 139 P. 454 , L.R.A. 1916C, 491 ; Cannon v. Lewis, 18 Mont. 402 , 45 P. 572 ."”
2 later decisions quote this exact passagee.g. Wyant v. Dunn · State v. Bubnash““ ‘The rule is almost universally recognized that in actions for personal injuries or death the fact that the defendant is protected by indemnity insurance against liability for damages cannot, directly or indirectly, be injected into the case by evidence, argument or remarks, so as to influence the jury, and the violation thereof is ordinarily held to be reversible error.’ [ 74 A.L.R. 849 ] In accordance with that rule, this court has often condemned the injection of the insurance feature into a personal injury case. Robinson v. F. W. Woolworth Co., 80 Mont. 431 , 261 P. 253 ; Wilson v. Thurston Co., 82 Mont. 492 , 267 P. 801 ; Wilson v. Blair, 65 Mont. 155 , 211 P. 289 , 27 A.L.R. 1235 .””
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.