Wagner v. Doehring’s Empirical Analysis
1989
Citation profile
4 federal appellate · 2 district · 51 state decisions
How this case has been cited
Cited by 57 later decisions — most recently May 2022 · most notably Rosenblatt v. Exxon Co., U.S.A. (1994), Baltimore Gas & Electric Co. v. Lane (1995)
4 federal appellate · 2 district · 51 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 Stickel v. Ohio Casualty Co. · Baltimore Gas & Electric Co. v. Public Service Commission · Rowley v. Mayor of Baltimore · Bramble v. Thompson · Sherman v. Suburban Trust Co.
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We ... hold that the holder of an easement for ingress and egress is afforded the same protection to which a landowner is entitled with respect to a trespasser, when the easement holder exercises a degree of control over the land which permits the holder to exclude trespassers from the easement. This is consistent with the rationale that a possessor of land should be free to use his land without the burden of watching for and protecting it against trespassers. See W. Prosser, [The Law of Torts] § 58; see also 5 F. Harper, F. James & O. Gray, The Law of Torts § 27.2, at 136 (2d ed.1986) (if the source of a landowner’s immunity is that he is not charged with knowledge of a trespasser’s presence, then the same immunity should be applied to the holder of an easement).”
1 later decision quote this exact passage · from the concurrence“Doehring argues that his status is that of a bare licensee because the Wagners purportedly acquiesced in the use of the right-of-way by the motorcyclists. Only the duty owed a trespasser, under the circumstances of this case, was raised as the issue presented in the petition for writ of certiorari; thus, we do not address the duty owed a bare licensee, or whether the motorcyclists occupied that status. See Md. Rule 8 — 131(b)(1).”
1 later decision quote this exact passage · from the concurrence“Because of the way it decided the case, the Court of Special Appeals did not address the issue of whether the trial court was correct in holding that as a matter of law the Wagners’ conduct was not wanton or willful although that issue had been raised before it. We remand to that court for it to determine that issue, and any other issue properly before the Court of Special Appeals.”
1 later decision quote this exact passage · from the concurrencee.g. Gazunis v. Foster
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.