Orscheln v. Scott’s Empirical Analysis
1901
Citation profile
1 federal appellate · 14 state decisions
How this case has been cited
Cited by 15 later decisions — most recently December 1956
1 federal appellate · 14 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 Roadway Express, Inc. v. Director, Division of Taxation · Commonwealth v. Emmons · Phelps v. City of Salisbury · Haynes v. Trenton · Garvin v. State
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Son assault demesne is affirmative matter which must be pleaded and proved (if not developed in plaintiff’s case) by him who, having committed the otherwise wrongful act, seeks to excuse himself by the plea of its necessity for Ithe defense of his person. While it is true, as stated in the instruction, that the burden rested upon plaintiff to prove that defendant wrongfully struck him with a knife, yet it does not follow that to prove this he should go into issues which must be advanced by the defendant. Proof of the act raises presumptions which characterize it without the necessity of going further and showing affirmatively that none of the various causes which might excuse it existed. ’ ’”
1 later decision quote this exact passagee.g. Happy v. Prichard
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.