Gudger v. Manton’s Empirical Analysis
1943
Citation profile
20 federal appellate · 99 state decisions
How this case has been cited
Cited by 140 later decisions — most recently December 2022 · most notably 46 Cal. 2d 375 - Albertson v. Raboff (1956), 176 Cal. App. 3d 598 - CNA Casualty of California v. Seaboard Surety Co. (1986)
20 federal appellate · 99 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 18 Cal. 2d 33 - Imperial Ice Co. v. Rossier · 21 Cal. 2d 109 - Deevy v. Tassi · Mattingly v. Pennie · Coley v. Hecker · Burkett v. Griffith
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 140 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““One who, without a privilege to do so, publishes matter which is untrue and disparaging to another’s property in land, chattels or intangible things under such circumstances as would lead a reasonable man to foresee that the conduct of a third person as purchaser or lessee thereof might be determined thereby is liable for pecuniary loss resulting to the other from the impairment of vendibility thus caused.” (At page 541 of 21 Cal.2d, at page 220 of 134 P.2d, citing Rest.Torts, § 624).”
1 later decision quote this exact passagee.g. Kirsch v. Barnes“A rival claimant of property is conditionally privileged to disparage or justified in disparaging another’s property in land by an honest and good-faith assertion of an inconsistent legally protected interest in himself. See Thompson v. White, 70 Cal. 135 , 11 P. 564 ; Restatement, Torts, § 647. The levy of an execution is an assertion of a claim to an interest in that it is a lien on the property levied upon.”
1 later decision quote this exact passage“There has been considerable confusion and lack of rationalization flowing from the use of the term malice. It arises chiefly from the failure to clearly distinguish between malice implied in law and actual malice. The former is a mere legal fiction, while the latter denotes ill will or the desire to do harm for the satisfaction of doing it or conduct which in effect amounts to the same thing.”
1 later decision quote this exact passagee.g. Wolfsen v. Hathaway
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.