Thomas v. Kessler’s Empirical Analysis
1939
Citation profile
5 federal appellate · 18 state decisions
How this case has been cited
Cited by 27 later decisions (2 by the Supreme Court) — most recently July 2006 · most notably Morissette v. United States (1952), Merkle v. Upper Dublin School District (2000)
5 federal appellate · 18 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 Altman v. Standard Refrig. Co., Inc. · Groda v. American Stores Company · Stinson v. Smith · Payne v. East Liberty Spear Co. · Commonwealth v. Wilson
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘Larceny may be defined to be the fraudulent taking'and carrying away of a thing without claim of right, with the intention of converting it to a use other than that of the owner, without his consent’: 2 Wharton’s Criminal Law, Sec. 1097.... It has been repeatedly held that when one takes property under a claim of right, even though mistaken, larceny is not committed: Com. v. Wilson, 266 Pa. 236 , 109 A. 913 ; Com. v. Swayne, 1 Pa. Superior Ct. 547 ; 2 Wharton’s Criminal Law, Sec. 1123.” Thomas v. Kessler, 334 Pa. 7, 9 , 5 A.2d 187, 188 (1939).”
2 later decisions 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.