Schmitz v. Mathews’s Empirical Analysis
1925
Citation profile
5 state decisions
How this case has been cited
Cited by 5 later decisions — most recently October 1981
5 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 Davidson Fruit Co. v. Produce Distributors Co. · Firemen's Fund Insurance v. Oregon-Washington Railroad & Navigation Co.
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The respondent argues, however, that the appellant is in no position to complain of the instructions, for the error which it is tacitly conceded exists was one which the respondent asserts was invited by the appellant. It is true the issues were confused by appellant having interposed what he saw fit to' denominate an affirmative defense, whereas it was nothing more than a general denial. But this is not an invitation to the trial court to commit error; it is merely an opportunity. Enthusiastic reliance is placed upon the decision of this court in Davidson Fruit Co. v. Produce Distributors Co., 74 Wash. 551 , 134 Pac. 510 , where we held that, under pleadings very similar to those in the case at bar instructions similar to those given by the trial court here would not justify a reversal, for the reason that the error had been invited. An examination of that case, however, shows that there the appellant specifically requested the court to instruct that the burden was on him to prove the affirmative matter set up in his answer, and that, the court having accepted that invitation, the appellant could not thereafter complain. Here, however, although the appellant put into his answer affirmative matter, he did no more than was said in the Davidson Case, supra, the defendant there did; that is, ‘in setting up its version of the contract, defendant added nothing to its plea,’ and this superfluous pleading, standing alone, can hardly have been an invitation to the trial court to lay”
2 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.