McCluskey v. Thranow’s Empirical Analysis
1966
Citation profile
5 federal appellate · 2 district · 62 state decisions
How this case has been cited
Cited by 76 later decisions — most recently May 2001 · most notably 113 Wis. 2d 550 - Hansen v. AH Robins, Inc. (1983), 113 Wis. 2d 112 - In Re Cherokee Park Plat (1983)
5 federal appellate · 2 district · 62 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 Hawks v. DeHart · Laughnan v. Griffiths · Krestich v. Stefanez · International Milling Co. v. Priem
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““. . . As we stated in McChain v. Fond du Lac (1959), 7 Wis. (2d) 286, 290, 96 N. W. (2d) 607 , and in Townsend v. Milwaukee Ins. Co. (1962), 15 Wis. (2d) 464, 113 N. W. (2d) 126 , an affidavit upon information and belief is not sufficient to raise a jury question. We pointed out in McChain, supra, that such an affidavit is not an affirmance on knowledge and it is not proof. It does not satisfy the requirements of the statute, sec. 270.635 (2), the ‘setting forth such evidentiary facts.’ ” McCluskey v. Thranow (1966), 31 Wis. 2d 245, 253, 254 , 142 N. W. 2d 787 .”
1 later decision quote this exact passage““Fraud, if an element in this case, must arise out of a false representation. We have held that for a misrepresentation to be fraudulent, it must consist ‘first, of a statement of fact which is untrue; second, that it was made with intent to defraud and for the purpose of inducing the other party to act upon it; third, that he did in fact rely on it and was induced thereby to act, to his injury or damage.’ International Milling Co. v. Priem (1923), 179 Wis. 622, 624 , 192 N. W. 68 .””
1 later decision quote this exact passage““893.14. The following actions must be commenced within the periods respectively hereinafter prescribed after the cause of action has accrued . . .” “893.205. Within 3 years: (1) An action to recover damages for injuries to the person for such injuries sustained on or after July 1, 1955 ... (2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another where death resulted on or after July 1, 1955.” (Emphasis supplied.)”
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.