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← 40 WVA 442 - Norfolk & W. R. v. Perdue

Norfolk & W. R. v. Perdue’s Empirical Analysis

1895

Citation profile

44
cited by 44 later decisions
4
states following
August 1990
most recently cited

2 federal appellate · 1 district · 37 state decisions

How this case has been cited

Cited by 44 later decisions — most recently August 1990 · most notably Williamson v. Jones (1897), Lowther Oil Co. v. Miller-Sibley Oil Co. (1903)

2 federal appellate · 1 district · 37 state decisions

8018951900191019201930194019501960197019801990decided

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 Morgan v. Railroad Co. · Boardman v. Lake Shore & Michigan Southern Railway Co. · The Bank of the United States v. Elizabeth Lee · Hanly v. Watterson · 30 W. Va. 687 - Stone v. Tyree

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

  1. “The essential elements constituting, the estoppel are ... “(1) There must be conduct, acts, language or silence amounting to a representation or a concealment of material facts. (2) These facts must be known to the party estopped at the time of his said conduct, or at least the circumstances must be such that knowledge of them is necessarily imputed to him. (3) The truth concerning these facts must be unknown to the other party claiming the benefit of the estoppel at the time when such conduct was done, and at the time when it was acted upon by him. (4) The conduct must be done with the expectation that it will be acted upon by the other party, or under such circumstances that it is both natural and probable that it will be so acted upon ... (5) The conduct must be relied upon by the other party, and, thus relying, he must be led to act upon it. (6) He must in fact act upon it in such a manner as to change his position for the worse. In other words, he must so act that he would suffer a loss if he were compelled to surrender or forego or alter what he has done by reason of the first party being permitted to repudiate his conduct, and to assert rights inconsistent with it.”
    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.