Stevens v. Stevens’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 10 state decisions

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

1. ““As pointed out in Guffy v. Guffy, 230 Kan. 89 [, 631 P.2d 646 (1981)], perhaps the foremost justification for immunity is based on the premise that personal tort actions between husband and wife will disrupt and destroy the peace and harmony of the home and this is contrary to the public policy of the state. In light of our Kans. Const, art. 15, § 6 and the Kansas Married Women’s Act, K.S.A. 23-201(a) and (b), and 23-203 there is no constitutional or statutory interspousal immunity. When a spouse inflicts intentional harm upon the person of the other spouse, peace and harmony in that home has been so damaged there is little danger that it will be further impaired by maintenance of an action for damages. See Apitz v. Dames, 205 Or. at 262-63. Accordingly, on exception to the doctrine of interspousal tort immunity is now created and declared by this court as regards willful and intentional torts. The case of Fisher v. Toler, 194 Kan. 701 [, 401 P.2d 1012 (1965)], holding otherwise, is hereby overruled. One spouse may maintain an action for willful and intentional torts committed against him or her by the other spouse. 231 Kan. at 728-29 . (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. Ebert v. Ebert

2. ““If the death of a person is caused by the wrongful act or omission of another, an action may be maintained for the damages resulting therefrom if the former might have maintained the action had he or she lived, in accordance with the provisions of this article, against the wrongdoer, or his or her personal representative if he or she is deceased.” (Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. Flagg v. Loy