Ramsey v. Zeigner’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Defamatory words are either actionable per se or per quod. Those which are injurious upon their face and without extrinsic aid are defamatory per se; but if insinuations, innuendo, colloquium or ■explanatory circumstances are necessary either to explain the person intended or the defamatory character, they are only .actionable per quod and require pleading .and proof of special damage to the complaining party. Chase v. New Mexico Pub. Co., 53 N.M. 145 , 203 P.2d 594 . We further said in Chase that: “In determining whether the article is libelous per se, the article alone must be construed, stripped of all insinuations, innuendo, colloquium, and explanatory circumstances. The article must be defamatory on its face ‘within the four corners thereof.’ ””

   1 later decision quote this exact passage
   e.g. Reed v. Melnick

2. “In considering whether a complaint states a claim upon which relief can be granted we assume as true all facts well pleaded. * * * A further applicable rule is that the motion to dismiss a complaint should be granted only if it appears that upon no [state of] facts provable under the complaint could plaintiff recover or be entitled to relief. (Citations omitted.)”

   1 later decision quote this exact passage
   e.g. DeBaca, Inc. v. Montoya