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← 62 S.D. 91 - Burkland v. Bliss

Burkland v. Bliss’s Empirical Analysis

1933

Citation profile

6
cited by 6 later decisions
3
states following
July 1996
most recently cited

1 federal appellate · 5 state decisions

How this case has been cited

Cited by 6 later decisions — most recently July 1996

1 federal appellate · 5 state decisions

201933194019501960197019801990decided

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 Lammon v. Feusier · Taylor v. Shields · Gomez v. Scanlan · Turner v. Sisson · Cullen v. Dickinson

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

  1. ““Counsel for the defendants insist that in the complaint two or more causes of action have been improperly united. The action of false imprisonment always includes at least the element of an assault in the technical sense. 25 C. J. 454. 'Any exercise of force, or express or implied threat of force, by which in fact the other person is deprived of his liberty, compelled to remain where he does not wish to remain, or to go where he does not wish to go, is an imprisonment.’ 11 R. C. L. 793. ‘Such restraint can be accomplished only by some act or conduct equivalent to assault, actual or constructive.’ Cullen v. Dickinson, 33 S. D. 27, 144 N. W. 656, 657 , 50 L. R. A. (N. S.) 987, Ann. Cas. 1916B, 115. If the restraint is combined with an assault with a dangerous weapon or with assault and battery, it does not change the character of the action. The alleged use of the tear gas gun is an element of damage, but does not state a separate cause of action.” (p. 93.)”
    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.