McClintock v. McClure’s Empirical Analysis
1916
Citation profile
3 federal appellate · 32 state decisions
How this case has been cited
Cited by 35 later decisions — most recently October 2004 · most notably Stringer v. Wal-Mart Stores, Inc. (2004), Democrat Publishing Co. v. Harvey (1918)
3 federal appellate · 32 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 Tanner v. Stevenson · Pennsylvania Iron Works Co. v. Vogt Machine Co. · Reid v. Sun Publishing Co. · Louisville & Nashville Railroad v. Stewart's Administratrix · Courier-Journal Co. v. Sallee
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.
““An averment that the acts were done in pursuance of a conspiracy does not change the nature of the action or add anything to its legal force and effect. If a plaintiff fail in the proof of a conspiracy or concerted design, he may yet recover damages against such of the defendants as are shown-to be guilty of the tort without such agreement. The charge of conspiracy where unsupported by evidence will be considered mere surplusage not necessary to be proved to support the action. “This being so, the question arises for what purpose is the allegation and proof of conspiracy important? The answer is that when the mischief contemplated is accomplished the conspiracy becomes important as it may affect the means and measures of redress. It may be pleaded and proved as aggravating the wrong which plaintiff complains of and to enable him to recover against all the defendants as joint ■ tort-feasors.^ The party wronged may look beyond the actual participants in committing the injury, and join with them as defendants all who conspired to accomplish it.””
1 later decision quote this exact passagee.g. Whiteside v. Murphy“The fact that the publication was made in a qualifiedly privileged communication simply relieves the publication from the presumption of malice otherwise attendant, and puts upon the [plaintiff] the burden of proving malice; but it does not change the actionable quality of the words published, nor is there any difference in the malice in the one case presumed but in the other to be proven ... which is merely an evidential distinction and nothing more.”
1 later decision quote this exact passage““We, therefore, conclude that this action had developed, when ready for submission to the jury, into one for libel purely and simply, and while this, charge had been presented originally as a' component part of the charge of conspiracy, the appellee was entitled, nevertheless, to have that matter finally determined by the jury in this case.””
1 later decision quote this exact passagee.g. Whiteside v. Murphy
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.