21 Cal. 2d 109 - Deevy v. Tassi’s Empirical Analysis
1942
Citation profile
6 federal appellate · 117 state decisions
How this case has been cited
Cited by 130 later decisions — most recently March 2008 · most notably Crisci v. Security Insurance (1967), 48 Cal. 3d 644 - Thing v. La Chusa (1989)
6 federal appellate · 117 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.
Relationships
Relies on Davis v. Hearst · Sloane v. Southern California Railway Co. · Lightner Mining Co. v. Lane · Bellman v. San Francisco High School District · 35 Cal. App. 44 - Marks v. Reissinger
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 130 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The assumed fact that Mr. and Mrs. Deevy were in default under the terms of the chattel mortgage and that Tassi had a legal right to acquire possession of some or even all of the cattle he attempted to take, does not justify the commission of assault and battery in effecting recaption. Admittedly, the Deevys’ possession had been lawfully acquired. The rule is stated by the American Law Institute in Restatement of the Law (Torts, §108, p. 240) as follows: ‘The use of force against another for the purpose of recaption of a chattel, which the other is tortiously withholding from the actor, is not privileged if the other’s possession was rightfully acquired.’ The comment, on the same page is: ‘An invasion of another’s interests of personality for the purpose of regaining a chattel, the possession of which the other has rightfully acquired, is not privileged. This is so although the other’s right to possession has ceased and he is therefore a wrongdoer in refusing to give the chattel up to the actor, who is entitled to the possession thereof. Thus, if the actor has bailed his chattel to the other, he is not privileged to use force to retake it, even though the bailment is at an end and the bailee’s retention of it is a conversion.””
2 later decisions quote this exact passage“`fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation and indignity, as well as physical pain'”
2 later decisions quote this exact passage“An appellate court should not assume to substitute its appraisal, for that of a jury, of the amount of damages for physical pain and mental suffering sustained by a party in a case where trial by jury was had as a matter of right [citation], but in a case where it appears that a verdict is so grossly disproportionate to any reasonable limit of compensation warranted by the facts as to shock the sense of justice and raise at once a strong presumption that it is based on prejudice or passion rather than sober judgment [citations] the appellate court may reverse the judgment and remand the case for a new trial either on all the issues or on the issue of damages alone [citations], or it may, in the interests of justice and with the consent of the party against whom the modification is made, modify the judgment as to the amount of damages, and affirm it as modified [citations].”
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.