Loewenberg v. Rosenthal’s Empirical Analysis
1889
Citation profile
3 federal appellate · 18 state decisions
How this case has been cited
Cited by 21 later decisions — most recently August 1986
3 federal appellate · 18 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.
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The appellants’ counsel insists that this statute is penal in its character, and does not apply to an unintentional trespass _ If said section 338 of the [Civ il] Code stood alone, the court would be called upon to construe it, and it might in that case adopt the construction contended for by the counsel; but we are spared that labor, as said section 339 ... points out the circumstances under which no more than single damages can be recovered. The legislature, by the latter section, has given a construction to the former one, — has prescribed the cases in which such trespasser shall be liable for single damages only, — and leaves him in all other cases liable to treble damages, as prescribed in the former section. ...”
1 later decision quote this exact passage“that whenever any person shall cut down ... any tree ... on the land of another ... without lawful authority, in an action by such person ... against the person committing such trespasses ... if judgment be given for the plaintiff, it shall be given for treble the amount of damages.... Section 339 ... provides that if upon the trial of such action it shall appear that such trespass was casual or involuntary ... judgment shall be given for single damages.”
1 later decision quote this exact passage““The clause, ‘a cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff’s claim,’ would imply that it arose out of some agreement or business affair between the parties.””
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.