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← 282 Or. 667 - Davis v. Bostick

Davis v. Bostick’s Empirical Analysis

1978

Citation profile

22
cited by 22 later decisions
7
states following
February 2014
most recently cited

4 district · 16 state decisions

How this case has been cited

Cited by 22 later decisions — most recently February 2014

4 district · 16 state decisions

14019781980199020002010decided

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.

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.

  1. “[d]esignating a series of discrete acts, even if connected in design or intent, a `continuing tort' ought not to be a rationale by which the statute of limitations policy can be avoided[.]”
    2 later decisions quote this exact passage
  2. “We decline to carve out that exception to the destruction of interspousal immunity for intentional torts. Apitz [ v. Dames, 205 Or. 242 , 287 P. 2d 585 (1955)] did not create a flood of litigation, even though it is a fair guess that the deterioration of many marriages since 1955 has been accompanied by the rendering by one spouse to another of physical injury. While injuries of a psychic nature as proved here are very likely much more common than physical injury, we see no virtue in basing a rule of law on a speculative fear of increased litigation. We prefer to rely upon the burden of proof as the best protection against unwarranted, meretricious or merely vindictive litigation. [ Ibid. ]”
    1 later decision quote this exact passage
  3. “Plaintiff's theory is that she ought to recover now for a series of wrongs, but her evidence is that she was harmed by each act in the series. We do not think that she was entitled to ride out the storm and lump sum her grievances.”
    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.