Scripps v. Reilly’s Empirical Analysis
1878
Citation profile
1 federal appellate · 42 state decisions
How this case has been cited
Cited by 43 later decisions — most recently September 1987 · most notably O'Loughlin v. People (1932), 109 Cal. App. 2d 809 - Dastagir v. Dastagir (1952)
1 federal appellate · 42 state decisions — followed in 15 states
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ (1) In any injury entitling the party to redress, damages to the person, property, and reputation, together with such special damage as may be shown, are recoverable. “ (2) Where the act done is one which, from its very nature, must be expected to result in mischief, or where there is malice or wilful or wanton misconduct, carelessness, or negligence so great as to indicate a reckless disregard of the rights or safety of others, a new element of damages is allowed, viz., for injury to the feelings of the plaintiff. “(3) Damages for injuries to feelings are only allowed in those torts which consist of some voluntary act or very gross neglect, and depend in amount very much upon the degree of fault evinced by all the circumstances. “ (4) Where the tort consists of some voluntary act, but no element of malice, carelessness, or gross negligence is shown to have existed, but that the wrong was done in spite of proper precaution,- the damages to be awarded on account of injured feelings, will be reduced to such sum as must inevitably have resulted from the wrong itself. “ (5) Where, however, the elements exist in a case, entitling a party to recover damages for injured feelings, the amount to be allowed for shame, mental anxiety, insulted honor, and suffering and indignation consequent on the wrong, may be increased or aggravated by the vindictive feelings, or the degree of malice, recklessness, gross carelessness or negligence of the defendant, as the injury is much more serious”
2 later decisions quote this exact passage · from the majoritye.g. Bennett v. Fleser · Hink v. Sherman““ It is the aim and policy of the law to have a fair and impartial jury, and, to this end, it would be the clear duty of the court, up to the last minute, to permit counsel to further examine the jurors.””
1 later decision quote this exact passage · from the majority
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.