71 Wis. 2d 554 - DeGroff v. Schmude’s Empirical Analysis

Citation profile

24 state decisions

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

1. “A plaintiff is entitled to costs under sec. 271.01 only 'upon a recovery.' Because a new trial was ordered, the third-party plaintiffs did not recover in their action for contribution and a literal reading of the cited sections would appear to support the awarding of costs to the third-party defendants. However, a persuasive argument is also made that the legislature did not intend that the awarding of costs to a defendant be mandatory whenever the plaintiff fails to recover on his claim. Rather, the statutory scheme appears to contemplate the awarding of costs only to successful parties. Where, as here, there is no final determination on the merits and the action does not end in judgment for one party or the other, neither party should be entitled to costs.”

   3 later decisions quote this exact passage
   e.g. 215 Wis. 2d 145 - Finkenbinder v. State Farm Mutual Auto Insurance · Estate of Radley ex rel. Radley v. Ives

2. “Except as otherwise provided in this chapter, costs shall be allowed of course to the plaintiff upon a recovery.”

   2 later decisions quote this exact passage
   e.g. 215 Wis. 2d 145 - Finkenbinder v. State Farm Mutual Auto Insurance · Duesterbeck v. Town of Koshkonong

3. “[i]f the plaintiff is not entitled to costs . . . the defendant shall be allowed costs to be computed on the basis of the demands of the complaint . . ..”

   1 later decision quote this exact passage
   e.g. 175 Wis. 2d 320 - Gorman v. Wausau Insurance Companies