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← 11 MISC2D 878 - Wrubel v. State

Wrubel v. State’s Empirical Analysis

1958

Citation profile

31
cited by 31 later decisions
12
states following
November 1998
most recently cited

31 state decisions

How this case has been cited

Cited by 31 later decisions — most recently November 1998 · most notably Fielder v. Stonack (1995), Thornton v. Shore (1983)

31 state decisions — followed in 12 states

18019581960197019801990decided

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.

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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"In the presence of a violation of law it is the officer's duty to take steps to suppress the offense and apprehend the offender. At its inception the offense being committed was only a traffic infraction. However, it developed, in the opinion of the Court, into reckless driving, a misdemeanor, also into resisting an officer, and other crimes which could be made out of the incident as it developed. "Claimants' predication of liability on the State is founded on the novel position that the trooper, in attempting to halt one increasing the danger on the highway, did by his attempt alone increase the danger himself. To extend this position to the ultimate would require a police officer to pursue, at an otherwise lawful rate of speed, a lawbreaker traveling at an unlawful rate of speed, or to ignore him in the first place. "An operator who is speeding, or who is a reckless driver on the highway, would know that all he had to do was to go faster — and under claimants' theory escape would be possible — there would be no chase. A burglar, bank robber or any other felon could threaten to shoot and under claimants' theory escape would be possible and arrest avoided. It is fantastic to further expand claimants' theory — such thinking would place a police officer in the same category as the Marquis of Queensbury in a pier six brawl. "In so holding we do not say that it is impossible for an officer to be negligent or reckless in the performance of his duties. That it is possible is amply”
    7 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.