Public-domain · open source
OpenJurist
← 110 CAL 150 - Gregory v. Spieker

Gregory v. Spieker’s Empirical Analysis

1895

Citation profile

53
cited by 53 later decisions
11
states following
August 2020
most recently cited

2 district · 49 state decisions

How this case has been cited

Cited by 53 later decisions — most recently August 2020 · most notably 25 Cal. 2d 226 - Pashley v. Pacific Electric Railway Co. (1944), 57 Cal. 2d 508 - Souza & McCue Construction Co. v. Superior Court (1962)

2 district · 49 state decisions — followed in 11 states

13018951900191019201930194019501960197019801990200020102020decided

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 Peltz v. Eichele · El Modello Cigar Manufacturing Co. v. Gato · Warfield v. Booth · Ragsdale v. Nagle · Spieker v. Lash

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

  1. ““Appellants complain of the award of damages which amounted to seven and one-half per cent of their total sales during the period they were in competition with respondent. The correct rule is stated in Gregory v. Spieker [ 110 Cal. 150 , 42 Pac. 576 ], supra, as follows: ‘In cases like the present the damages are rarely susceptible of accurate proof; but the measure, expressed generally, is the value of the business lost to plaintiff— not the gain of defendant, which may be more or less than plaintiff’s loss; though such gain may be considered in evidence, it should be shown to correspond in whole or in part with the loss of plaintiff.’ (Note, Ann. Cas. 1914A, p. 1153.) ” General Paint Corp. v. Seymour, 124 Cal. App. 611 , 12 P. (2d) 990 .”
    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.