Wheelwright v. Vanderbilt’s Empirical Analysis
1914
Citation profile
35 state decisions
How this case has been cited
Cited by 35 later decisions — most recently December 1972 · most notably Mutual Benefit Health & Accident Ass'n v. Ferrell (1933), Conzelmann v. Northwest Poultry & Dairy Products Co. (1950)
35 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 Southern Development Co of Nevada v. Silva · Jex v. . Straus · Dunning v. Cresson · Enfield v. Colburn
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(1) That defendant made a material representation; (2) that it was false; (3) that when he made it he knew it was false, or made it recklessly without any knowledge of its truth, and as a positive assertion; (4) that he made it with the intention that it should be acted upon by plaintiff; (5) that plaintiff acted in reliance upon it; and (6) that he thereby suffered injury. Each of these facts must be proved with reasonable certainty, and all of them must be found to exist. The absence of any one of them is fatal to recovery;” Wheelwright v. Vanderbilt, 69 Or. 326 ( 138 P. 857 ); Brown v. Siemens, 117 Or. 583 ( 245 P. 510 ); Blair v. McCool, 136 Or. 139 ( 295 P. 950 , 298 P. 244 ); Bevan v. Templeman, ante page 279 ( 26 P. (2d) 775 ).”
2 later decisions 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.