Stringer v. Kessler’s Empirical Analysis
1916
Citation profile
7 state decisions
How this case has been cited
Cited by 7 later decisions — most recently January 2014
7 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 Smith v. McCarthy · Nation v. Planters and Mechanics Bank · Standard Sewing MacH. Co. v. New State Shirt & Overall Mfg. Co.
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““And in such cases if the cause of action as set forth is doubtful or ambiguous as to whether the' allegations set out present an action in contract or tort, every intendment will be given to construe the cause as in contract and not in tort. See 4 Ency. Pl. & Pr. 754, and Smith v. McCarthy, 39 Kan. 308 , 18 Pac. 204 . And in order to determine the question of whether the action sounds in tort or contract, the measure of damages, the demand for judgment, and prayer may be consulted with a view of ascertaining and making- the same certain. See 4 Ency. Pl. & Pr. 754, and authorities cited under note 1.””
1 later decision 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.