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← 78 S.D. 520 - Wittmeier v. Post

Wittmeier v. Post’s Empirical Analysis

1960

Citation profile

43
cited by 43 later decisions
8
states following
May 2014
most recently cited

6 district · 37 state decisions

How this case has been cited

Cited by 43 later decisions — most recently May 2014 · most notably Moore v. Kluthe & Lane Ins. Agency, Inc. (1975), 28 Ill. App. 3d 386 - Hunter v. Smallwood (1975)

6 district · 37 state decisions

110196019701980199020002010decided

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 Wheaton v. United States · Melby v. Anderson · Chernotik v. Schrank · Mason v. Braught · Mosconi v. Ryan

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

  1. “"However, we are not here concerned with liability for simple negligence. "Negligence is the failure to exercise ordinary care under the circumstances. Intent is not an essential element. Wilful and wanton misconduct on the other hand involves something more. It involves `conduct which partakes to some appreciable extent, though not entirely, of the nature of a deliberate and intentional wrong'." (Emphasis supplied)”
    3 later decisions quote this exact passage
  2. “The failure to comply with mandatory provisions of our law in matters of such importance as instructions to the jury and communications between the court and the jury constitutes error per se and is prejudicial as a matter of law unless it is shown that no prejudice resulted or could have resulted from such noncompliance.”
    1 later decision quote this exact passage
  3. “they may require the officer to conduct them into Court. Upon their being brought into Court the information required must be given in the presence of, or after notice to the parties or counsel, and be taken down by the shorthand reporter”
    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.