Emler v. Fox’s Empirical Analysis
1916
Citation profile
3 federal appellate · 34 state decisions
How this case has been cited
Cited by 37 later decisions — most recently January 2008 · most notably Bazzell v. Illinois Central Railroad (1924), Louisville Baseball Club v. Hill (1942)
3 federal appellate · 34 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 Schott v. Indiana National Life Insurance · Smith v. Fields · Moser v. Fable · Sparling v. Conway · Folger v. Washburn
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““These, and other cases from this court, hold that the burden of establishing malice and a want of probable cause is upon the plaintiff in a maliciaus prosecution suit, and that proof of an acquittal of the charge is not, of itself, sufficient to make a prima facie case for the plaintiff, or to cast the burden upon defendant to disprove malice or to show the existence of'probable cause for instituting the prosecution. ' They also establish the rule in this state, and which has been such elsewhere from the earliest history of this character of action, that malice necessary to sustain the action may be presumed from a want of probable cause, but that want of probable cause will never be presumed, although actual malice be indisputably established.””
1 later decision quote this exact passage““What facts and circumstances amount to probable cause is a question of law. Whether they exist or not, in any particular case where the evidence is conflicting, is a question of fact, to be determined by the jury. But where there is no conflict in the evidence, whether the facts shown amount to probable cause, is ordinarily a question of law for the court. ’ ’”
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.