Loeb v. Mann’s Empirical Analysis
1893
Citation profile
9 state decisions
How this case has been cited
Cited by 11 later decisions (1 by the Supreme Court) — most recently October 2012
9 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.
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ It is urged that this action of £ claim and delivery ’ is peculiar in this, that the law expressly gives to the prevailing party damages in addition to costs and disbursements.. It is true that section 283 of the code provides as follows : ££ £ In an action for the recovery of specific personal property, if the property have not been delivered to the plaintiff, or if it have, and the defendant by his answer claims a return thereof, the jury shall assess the value of'the property,,if their verdict be in favor of the plaintiff, or if they find in favor, of the defendant, and that he is entitled to a return thereof; may at the same time assess the damages, if any are claimed in-the complaint or answer, which the prevailing party has sustained by reason of the detention or taking and withholding such property,’ etc. What damages ? Why, surely such damages as £ may have been sustained by reason of the seizure and detention of the property,itself ; that is to~ say, by direct and proximate injury of the property in question, or in reducing its value; and not for the purpose of allowing a party to reimburse himself as to consequential losses allegéd to -have been .sustained in the prosecution of the case, in respect to the speculative value of time lost, and the payment of the bills of railroads and hotels, lawyers’ fees,’ etc.””
1 later decision quote this exact passage · from the majority““It is true that the decided cases do not seem to be as full and clear in reference to the other*items of expenditures claimed here as damages; but we confess that in respect to damages, we are unable to draw a distinction in principle-between expenses incurred in paying lawyers’ fees and in making a charge for the speculative loss of time and paying railroad and hotel bills, etc.””
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.