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← 20 WIS2D 402 - Goller v. White

Goller v. White’s Empirical Analysis

1963

Citation profile

291
cited by 291 later decisions
43
states following
September 2020
most recently cited

6 federal appellate · 8 district · 268 state decisions

How this case has been cited

Cited by 291 later decisions — most recently September 2020 · most notably Dubay v. Irish (1988), 3 Cal. 3d 914 - Gibson v. Gibson (1971)

6 federal appellate · 8 district · 268 state decisions — followed in 43 states

9401963197019801990200020102020decided

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 Dunlap v. Dunlap · Mahnke v. Moore · Wait v. Pierce · Cowgill, Adm'r v. Boock, Adm'r · Worrell v. Worrell

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

  1. “(1) where the alleged negligent act involves an exercise of parental authority over the child; and (2) where the alleged negligent act involves an exercise of ordinary parental discretion with respect to the provision of food, clothing, housing, medical and dental services and other care.”
    24 later decisions quote this exact passage
  2. ““This court seriously considered the advisability of abrogating the parental-immunity rule in negligence actions when Schwenkhoff v. Farmers Mut. Automobile Ins. Co.... [( 1960), 11 Wis. 2d 97 , 104 N. W. 2d 154 ] was before us. We then concluded that the legislature’s recent action in rejecting legislation that would have abolished the immunity foreclosed this court from so doing. In so concluding we adhered to the long-established judicial policy of not overruling our past decisions where the legislature had acted in the matter. This included the situation where the legislature had defeated a bill that had proposed changes in a rule of law laid down by court decision. Subsequently, this policy was completely overturned in Holytz v. Milwaukee (1962), 17 Wis. (2d) 26, 115 N. W. (2d) 618 . We there held that it was our responsibility to change a court-made rule of law when we deemed the change necessary in the interests of justice even though the legislature had refused to make the change. Thus the reason advanced in the Sehwenkhoff Case for not changing the parental-immunity rule no longer applies.””
    1 later decision quote this exact passage
  3. “Under these facts . . . the plaintiff was a member of the family . . . within the meaning of the policy . . . . The very purpose in licensing a foster home and placing a child therein is to supply the parental and family relationship to a dependent, neglected or delinquent child. It is not necessary that one be a blood relative in order to be a member of the family. . . . In Utah Fuel Co. v. Industrial Commission of Utah, [1937], 91 Utah 491 , 64 P.2d 1287 , the Utah court held, under terms of the Compensation Act dealing with dependency on deceased employee, that the term “member of the family,” means one whom the head of the family has taken into his home, to live with him, to share such comforts as the home may afford, and toward whom the head has assumed an attitude of parent, guardian or caretaker, to whom he owes the obligation of assistance, maintenance, and support. [Citations omitted.]”
    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.