Terry v. Butler’s Empirical Analysis
1960
Citation profile
2 federal appellate · 20 state decisions
How this case has been cited
Cited by 22 later decisions — most recently May 2003
2 federal appellate · 20 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 Kennedy v. Perry Timber Co. · State v. Jefferson Island Salt Mining Co. · Allen v. Frank Janes Co. · State v. F. B. Williams Cypress Co. · State v. Hardy
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Thus, in Kennedy v. Perry Timber Company, 219 La. 264 , 52 So.2d 847, 851 , (primarily relied on by plaintiffs), this court said: ‘The measure of damages allowable for the unlawful cutting of timber is well settled in this State. If the trespass has been reckless and willful, the trespasser is said to be guilty of moral bad faith and is liable for the converted value of the timber without allowance or deduction for costs and expenses. In cases where the trespasser believes himself to be owner but should have known otherwise, either from information available to him or other ascertainable facts which would have placed a reasonably prudent man on notice, he is held to be in legal bad faith and the actual expenses incurred, by him in converting the timber are to be deducted in assessing the damages. * * * ’ While in the Kennedy case we did not spell out what was meant by the term ‘converted value’ used in referring to the trespasser in moral bad faith, the remainder of the quoted language clearly shows that the court intended that the owner would be entitled to the value of the product as converted by the trespasser.””
2 later decisions quote this exact passage“in assessing damages for timber wrongfully taken. But obviously it was so employed for the reason that the timber had been changed through the efforts and expense of the trespasser into products more refined than mere logs, poles or pulp wood.”
1 later decision quote this exact passage“We recognize, of course, that in some decisions cited by plaintiffs the court has used the term”
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.