Smith v. Benjamin’s Empirical Analysis
1952
Citation profile
6
cited by 6 later decisions
1
states following
June 1963
most recently cited
6 state decisions
Relationships
Relies on Nimits v. Motor Transport Co. · Smith v. Koch · Latta v. Fidelity-Phenix Fire Insurance
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““When some controverted matter of fact not brought to the attention of the trial court but essential to sustain the judgment is omitted from the verdict, such matter of fact shall be deemed determined by the court in conformity with its judgment and the failure to request a finding by the jury on such matter shall be deemed a waiver of jury trial pro tanto." Smith v. Benjamin (1952), 261 Wis. 548, 554 , 53 N. W. (2d) 619 ; Hilker v. Western Automobile Ins. Co. (1931), 204. Wis. 1, 231 N. W. 257 , 235 N. W. 413 ; Nimits v. Motor Transport Co. (1948), 253 Wis. 362, 364 , 34 N. W. (2d) 116 , approved in Stellmacher v. Wisco Hardware Co. (1951), 259 Wis. 310 , 48 N. W. (2d) 492 .”
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.