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← 75 ND 418 - Milde v. Leigh

Milde v. Leigh’s Empirical Analysis

1947

Citation profile

26
cited by 26 later decisions
8
states following
August 2014
most recently cited

6 federal appellate · 1 district · 15 state decisions

How this case has been cited

Cited by 26 later decisions — most recently August 2014 · most notably Jackson v. Bumgardner (1986), 251 Cal. App. 2d 303 - Custodio v. Bauer (1967)

6 federal appellate · 1 district · 15 state decisions

8019471950196019701980199020002010decided

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.

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

  1. “A husband has no right of action for the loss of services, society, and companionship of his wife and incidental expense for her treatment and care, until the loss of services, society and companionship actually has occurred.”
    2 later decisions quote this exact passage
  2. ““ ‘Damages recoverable in the one action are not recoverable in the other; a judgment obtained and satisfied in one action will not prevent a recovery in the other; a release by the one will not affect the other’s recovery; a waiver by the child of his own right of action will not affect the parent’s recovery; and an abatement by the death of either the parent or the child will not bar a recovery by the other. Moreover a procedural bar which prevents the child from maintaining an action for the harm which it has sustained will not affect the parent’s action.... An analogous situation is found in the suit by a husband for harm to his wife, see Sec. 693.’ ””
    1 later decision quote this exact passage
  3. ““Among tlie essential elements of an actionable tort are the wrongful invasion by the defendant of some legal right of the plaintiff and damage resulting to the plaintiff from the wrongful conduct of the defendant. 62 C. J. p. 1102, § 17, p. 1107, § 24; 45 C. J. p. 5, 661, 662. “It is the conjunction of damage and wrong that creates a tort, and there is no tort if either damage or wrong is wanting. 1 Cooley, Torts, 4th Ed., § 46, p. 87. See also, Post v. Campau, 42 Mich. 90, 96 , 3 N. W. 272 .””
    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.