Fowler v. Benton’s Empirical Analysis
1962
Citation profile
3 federal appellate · 14 district · 78 state decisions
How this case has been cited
Cited by 102 later decisions — most recently April 2019 · most notably MacK v. State (1984), Gross v. Sussex Inc. (1993)
3 federal appellate · 14 district · 78 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 Appel v. Hupfield · Robertson v. Parks · Fegeas v. Sherrill · Pryor v. . Foster · McAleer v. Horsey
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 102 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Maryland Rule 522 a and b does not require a formal exception to a ruling of the court, but states that it is sufficient if a party ‘makes known to the court the action which he desires the court to take * * *.’ A simple and effective manner of preserving for appellate review the correctness of the trial court’s rulings when failing to admit offered testimony is for counsel to ask specific questions of a witness, and obtain a ruling by the court on each question * * *; and, if the question itself does not disclose its relevancy, then counsel should call to the court’s attention the nature of its materiality. Another easy and also effective method of obtaining appellate review not only of the immediate question asked but also those of a similar nature is, after an objection has been sustained to a question asked, to make a formal proffer of what the witness’ testimony would be in answer to the question asked and those of a similar nature, place the proffer in the record, and obtain a ruling by the court on its admissibility.””
2 later decisions quote this exact passage · from the majority““ * * * In its generic sense, a false representation is anything short of a warranty which produces upon the mind a false impression conducive to action. 37 C.J.S. Fraud § 8. Ordinarily however, the repre sentation must be definite, and mere vague, general, or indefinite statements are insufficient, because they should, as a general rule, put the hearer upon inquiry, and there is no right to rely upon such statements.””
2 later decisions quote this exact passage · from the majority“In the first place, the use of the term “perfectly safe” in connection with every detail of construction was so extravagant in scope and measure, and so indefinite and elusive in meaning, that the statement would fall within the category of a puff instead of a representation, and the plaintiff, who was an architect of experience, could not have been misled or influenced.... It is difficult to find these words, when reasonably considered, as capable of being understood by a man of average intelligence as a clear and definite representation of any particular fact. The language does not condescend to detail. The words used are so vague and general as to be incapable of particular application. They fail, therefore, to amount to a misrepresentation, and are but the indefinite generalities of exaggeration.”
1 later decision quote this exact passage · from the majority
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.