Wagner v. Foster’s Empirical Analysis
1960
Citation profile
3 federal appellate · 393 state decisions
How this case has been cited
Cited by 396 later decisions — most recently April 2018 · most notably Garza v. Alviar (1965), Darryl v. Ford Motor Company (1969)
3 federal appellate · 393 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 Ramsey v. Dunlop · Missouri-Kansas-Texas Railroad Co. v. McFerrin · McCauley v. Consolidated Underwriters · Collins v. Smith · Worden v. Worden
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 396 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The motion for new trial, when required to be filed under these rules, shall constitute the assignments of error on appeal or writ of error. A ground of error not distinctly set forth in the motion for new trial, in cases where a motion for new trial is required shall be considered as waived. * * * ””
16 later decisions quote this exact passage · from the majority“[A] motion for new trial shall be filed as a prerequisite to appeal; provided that neither a motion for new trial nor an assignment therein shall be a prerequisite to the right to complain on appeal of the action of the court in giving a peremptory instruction, or in withdrawing the case from the jury and rendering judgment, or in rendering or refusing to render judgment non obstante veredicto or notwithstanding the finding of the jury on one or more special issues, or in overruling a motion for judgment on the verdict made by the party who becomes appellant; nor shall a motion for new trial be required in a non-jury case or in a case where the appeal is based upon some error of the trial court arising after its action upon the motion for new trial.”
4 later decisions quote this exact passage · from the majority““It was not the purpose of that language to eliminate the necessity for complaining in a motion for new trial of other errors committed on the trial.””
3 later decisions quote this exact passage · from the majority
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.