Eagan v. Calhoun’s Empirical Analysis

Citation profile

6 district · 58 state decisions

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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Maryland has long recognized the doctrine of estoppel by admission, derived from the rule laid down by the English Court of Exchequer in Cave v. Mills, that ‘a man shall not be allowed to blow hot and cold, to claim at one time and deny at another.’ In Stone v. Stone[, 230 Md. 248 , 186 A.2d 590 (1962)] and Wilson Brothers v. Cooey[, 251 Md. 350 , 247 A.2d 395 (1968)], we adopted the statement of that principle.... ‘Generally speaking, a party will not be permitted to maintain inconsistent positions or to take a position in regard to a matter which is directly contrary to, or inconsistent with, one previously assumed by him, at least where he had, or was chargeable with, full knowledge of the facts, and another will be prejudiced by his action.’”

   1 later decision quote this exact passage
   e.g. Standard Fire Insurance v. Berrett

2. “In the memorandum filed by [the father’s] attorney in connection with the guardianship matter, [appellee] acknowledged that his conduct constituted voluntary manslaughter and was therefore intentional. [Appellee] was obviously aware of that memorandum, as he attached a copy of it to his own affidavit filed in this case. Having thus conceded that the killing of [his wife] was an act of voluntary manslaughter, [appellee] is estopped from taking any contrary position in this case. At the very least, the force of that estoppel allows the plea of guilty to stand unrebutted and thus to establish that the killing was a voluntary manslaughter. Accordingly, the ... exception [to parent-child immunity] applies as a matter of law____”

   1 later decision quote this exact passage
   e.g. 151 Md. App. 682 - Vogel v. Touhey

3. ““It follows from the fact that the action is a personal one to the claimant that the claimant is ordinarily subject to any defense that is applicable to him or her, whether or not it would have been applicable to the decedent. Thus, the fact that [the deceased mother] would not have been barred by any doctrine of parent-child immunity from suing [the tort-feasor father] does not relieve [the children] of that impediment.””

   1 later decision quote this exact passage
   e.g. Bushey v. Northern Assurance Co. of America