Public-domain · open source
OpenJurist
← 185 NW2D 226 - Berghammer v. Smith

Berghammer v. Smith’s Empirical Analysis

1971

Citation profile

51
cited by 51 later decisions
7
states following
December 2013
most recently cited

2 federal appellate · 1 district · 25 state decisions

How this case has been cited

Cited by 51 later decisions — most recently December 2013 · most notably Veazey v. Doremus (1986), Cohen v. McDonnell Douglas Corp. (1983)

2 federal appellate · 1 district · 25 state decisions

17019711980199020002010decided

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 Great Northern Ry Co v. Sunburst Oil & Refining Co · 67 Cal. 2d 551 - Reich v. Purcell · 20 Ill. 2d 406 - Dini v. Naiditch · Spanel v. Mounds View School District No. 621 · Tooker v. Lopez

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

  1. “"We hold Minnesota has the most significant — indeed, perhaps the only — relationship with plaintiff and the issue of her right to maintain an action for loss of consortium. We reach this conclusion because only Minnesota is concerned with the marital status of plaintiff and the interspousal rights and duties arising therefrom. "Iowa has no state interest to protect * * *. "Nor may it be said our policy recognizing a wife's claim for loss of consortium was intended primarily to do more than extend such right to Iowa wives. "* * *. "There is considerable authority that matters which depend upon the marital relationship for their solution should be decided by the law of the husband-wife domicile. See Reich v. Purcell, 67 Cal.2d 551 , 63 Cal. Rptr. 31 , 432 P.2d 727 ; Wartell v. Formusa, 34 Ill.2d 57 , 213 N.E.2d 544 ; Schwartz v. Schwartz, 103 Ariz. 562 , 447 P.2d 254 ; Haumschild v. Continental Casualty Company, 7 Wis.2d 130, 138 , 95 N.W.2d 814, 818 ; Thompson v. Thompson, 105 N.H. 86, 89 , 193 A.2d 439 ."”
    2 later decisions quote this exact passage
  2. “However, all reasonable presumptions are in favor of the general verdict. Since we must indulge every presumption in favor of the general verdict, we examine the evidence in its view most favorable to plaintiffs to see if it will sustain a finding of liability on the sole ground defendant failed to keep a proper lookout.”
    1 later decision quote this exact passage · from the concurrence
  3. “By enforcing the now discarded Minnesota rule, we would ignore our own state policy without advancing Minnesota's. Certainly Minnesota's purpose was not to protect non-resident motorists who had not relied upon the old rule at the expense of its own citizens.”
    1 later decision quote this exact passage · from the concurrence

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.