Burke v. Burnham’s Empirical Analysis
1951
Citation profile
6 federal appellate · 3 district · 38 state decisions
How this case has been cited
Cited by 50 later decisions — most recently February 2002 · most notably Cyr v. B. Offen & Co. (1974), Bennett v. Hymers (1958)
6 federal appellate · 3 district · 38 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 West v. Boston & Maine Railroad · Clark v. Manchester · Niemi v. Boston & Maine Railroad · Piper v. Boston & Maine Railroad · Wheat v. Carter
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Obviously no claim could effectively have been made by the decedent for death resulting from the injuries. Ham v. Authority, 92 N.H. 268, 275. Thus certain of the damages recoverable in the pending [wrongful death] action could not have been satisfied by the settlement. On the other hand, so far as now appears every element of damage which the decedent may have claimed in effecting the settlement may be considered in the pending action. R.L., c. 355, s. 12.”
1 later decision quote this exact passage“Such a distinction is not without basis in logic. Damages for injuries to the decedent are restricted within definite limits established by the common law. Cf. West v. Railroad, 81 N.H. 522, 529 . Recovery for injuries causing death . . . however, suggests more speculative elements of damage as to which there has been a “policy ... of restriction” by arbitrary limit. Ham v. Authority, [ 92 N.H. at 276 ],”
1 later decision quote this exact passage“(s.. 9) . So far as this section is concerned, the action may be for personal injuries alone or it may be for such injuries resulting in death. Section 12 [now codified as RSA 556:12] contains no provision for the bringing of the action, but defines the damages in actions brought under section 11 where”
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.