Kramer v. Globe Brewing Co.’s Empirical Analysis

Citation profile

4 district · 48 state decisions

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

1. “If parties in court were permitted to assume inconsistent positions in the trial of their causes, the usefulness of courts of justice would in most cases be paralyzed; the coercive process of the law, available only between those who consented to its exercise, could be set at naught by all. But the rights of all men, honest and dishonest, are in the keeping of the courts, and consistency of proceeding is therefore required of all those who come or are brought before them. It may accordingly be laid down as a broad proposition that one who, without mistake induced by the opposite party, has taken a particular position deliberately in the course of litigation, must act consistently with it; one cannot play fast and loose.”

   10 later decisions quote this exact passage · from the majority
   e.g. Donlon v. Montgomery Co. Public Schools · McKay v. Owens

2. “[I]t would, in our opinion, be an injustice to him in the present suit, to permit [Globe Brewing] after having availed itself of an affirmative defense in the prior suit, to appear in a subsequent proceeding involving the same matter of controversy between the same parties, and deny the facts asserted by it, or on its behalf, in the special plea.”

   2 later decisions quote this exact passage · from the majority
   e.g. Standard Fire Insurance v. Berrett · Bank of New York Mellon v. Georg

3. ““Under the provisions of the Act, therefore, the right to sue the employer at common law is only inherent in the employee in those cases in which the employer has failed to comply with it; in which latter case the employee, or his representative in cases of death, has the option of either claiming compensation under the Act, or maintaining an action at common law for damages on account of the injury. If suit is brought at common law against an employer who has complied with the provisions of the Act, he can, and ordinarily does, meet the action by filing a plea showing that he has so complied and is therefore subject to its provisions. Salvuca v. Ryan & Reilly Co., 129 Md. 235 , 98 A. 675 .””

   1 later decision quote this exact passage · from the majority
   e.g. Baltimore Transit Co. v. State Rx Rel. Schriefer