Riegger v. Bruton Brewing Co.’s Empirical Analysis

Citation profile

8 federal appellate · 4 district · 34 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “* * * [I]t would seem illogical to hold that the husband's employer is liable to appellant under the circumstances shown by the declaration, for no right of action is permitted by the wife against her husband, and the wife's right of action against appellee must arise solely because of the negligence of its agent (in this case her husband) acting within the scope of his employment. To hold that the employer is liable because of the acts of its agent against whom no liability exists in favor of the person injured would result in holding appellee liable notwithstanding her inability to have legal redress against the person causing her injuries. Such a holding would, in our opinion, be entirely inconsistent with the rule in Maryland to the extent that it has been declared by our previous decisions, and the result would be to permit the wife to do indirectly what admittedly she may not do directly.”

   2 later decisions quote this exact passage · from the majority
   e.g. Sherby v. Weather Brothers Transfer Company · Stokes v. Association of Independent Taxi Operators, Inc.

2. ““But that view has been rejected by what seems to be the weight of authority, not only upon the technical and artificial ground that the identity of husband and wife persists in its original vigor until it has been completely dissolved by express legislative mandate, in respect to all matters which the Legislature has not expressly included within the meaning of the emancipatory statutes, but upon the broader sociological and political ground that it would introduce into the home, the basic unit of organized society, discord, suspicion and distrust, and would be inconsistent with the common welfare.” Id. at 535 (emphasis added).”

   1 later decision quote this exact passage · from the majority
   e.g. Lusby v. Lusby

3. ““[t]he adoption of legislation which has had the effect of partially dissipating [the] fiction [of the presumed legal identity of the husband and wife], by permitting suits between husband and wife to enforce contractual liabilities, by according to. each the same rights and privileges in respect to property they would have if unmarried, by permitting the wife to carry on a trade or business, and to receive and enjoy her earnings from any source as freely as if single, and to sue in her own name for torts against her.” 161 Md. 534 -35.”

   1 later decision quote this exact passage · from the majority
   e.g. Lusby v. Lusby