8 Ohio App. 3d 90 - Wagner v. Smith’s Empirical Analysis
1982
Citation profile
39 state decisions
How this case has been cited
Cited by 39 later decisions — most recently June 2021 · most notably 75 Ohio App. 3d 205 - American Energy Services, Inc. v. Lekan (1992), 176 W. Va. 638 - McCullough Oil, Inc. v. Rezek (1986)
39 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 150 Ohio St. 448 - Taylor v. Ross · Blausey v. Stein · 131 Ohio St. 52 - Sheen v. Kubiac · Lamb v. Vansyckle · 140 Ind. App. 295 - Barrett v. Dorr
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““To warrant the granting of a motion for a new trial based on the ground of newly discovered evidence, it must be shown that (1) the new evidence must be such as will probably change the result if a new trial is granted, (2) it must have been discovered since the trial, (3) it must be such as could not in the exercise of due diligence have been discovered before the trial, (4) it must be material to the issues, (5) it must not be merely cumulative to former evidence, and (6) it must not merely impeach or contradict the former evidence.” See, also, Wagner v. Smith (1982), 8 Ohio App. 3d 90, 95 .”
2 later decisions quote this exact passage“[A] critical factor in determining the reasonableness of the operator's conduct is the length of time the well is out of production.”
2 later decisions quote this exact passage“Courts universally recognize the proposition that a mere temporary cessation in the production of a gas or oil well will not terminate the lease under a habendum clause of an oil and gas lease where the owner of the lease exercises reasonable diligence and good faith in attempting to resume production of the well.”
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.