1 Utah 2d 362 - Wilson v. Oldroyd’s Empirical Analysis
1954
Citation profile
2 district · 33 state decisions
How this case has been cited
Cited by 35 later decisions — most recently July 2002 · most notably Crookston v. Fire Insurance Exchange (1991), Nelson v. Jacobsen (1983)
2 district · 33 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 Woodhouse v. Woodhouse Et Ux. · Mohn v. Tingley · Stickle v. Union Pacific R. Co. · Evans v. Gaisford · Pauly v. McCarthy
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In order to sustain a cause of action for alienation of affections, the plaintiff must show the following facts: (1) that she and her husband were happily married and that a genuine love and affection existed between them; (2) that the love and affection so existing was alienated and destroyed; (3) that the wrongful and malicious acts of defendant produced and brought about the loss and alienation of such love and affection.... The wrongful and malicious conduct of the defendant need not be the sole cause of the alienation of affections. It suffices, according to the rule in a large majority of the cases, if the wrongful and malicious conduct of the defendant is the controlling or effective cause of the alienation, even though there were other causes, which might have contributed to the alienation. [Citations omitted; emphasis added.]”
1 later decision quote this exact passagee.g. Nelson v. Jacobsen“If the acts or conduct of the plaintiff himself, or any other cause than the acts of the defendant constituted the controlling cause ... of plaintiff’s loss of affections, then he could not recover, and ... the same would be true “if the plaintiffs wife fell in love with defendant without any affirmative inducement or encouragement from the defendant .... ” [Emphasis added.]”
1 later decision quote this exact passagee.g. Nelson v. Jacobsen“(a) [tlhe fact of marriage, (b) that the defendant wilfully and intentionally, (c) alienated the wife's affections, (d) resulting in the loss of the comfort, society and consortium of the wife, and (e) (to justify punitive damages) a charge of malice.'' Wilson v. Oldroyd, 1 Utah 2d 362, 367 , 267 P.2d 759, 763 (1954).”
1 later decision quote this exact passagee.g. Hodges v. Howell
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.