Eliason v. Draper’s Empirical Analysis

Citation profile

1 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * the right of a wife to the consortium of her husband is a property right, and that statutes giving a married woman the right to sue alone in respect to her property give to her alone a right of action in tort for an injury to her property right of consortium. * * * [Under our Married Women’s Acts] any married woman may maintain an action in tort for the redress of an injury to her property right in her husband’s consortium.””

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

2. “Being of the opinion that the common law gave to a married woman a legal right to the consortium of her husband, but withheld from her, because of her disabilities of coverture, a legal remedy by which she might enforce that right, it now becomes necessary to ascertain what were those disabilities and whether they have been removed by statute so as to make the right capable of enforcement by an action at law. * * *”

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

3. “The right of the wife to the consortium of the husband was likewise recognized at common law as an existing right of the married woman, though a right of action for its invasion was denied her because of the common-law doctrine of identity of person and its consequent trammels of technical procedure. Nevertheless her right existed, * * *.”

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