Stalker v. Drake’s Empirical Analysis

Citation profile

5 federal appellate · 24 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Such damages are allowable not because of any special merit in .the plaintiff’s case, but are imposed by way of punishing the defendant for malicious, vindictive or a willful and wanton invasion of the plaintiff’s rights, the purpose being to restrain him and deter others from the commission of like wrongs. Such damages are only given where malice, fraud or a willful and wanton disregard of the rights of others enter into the case.” (p. 150.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Stoner v. Wilson · Martin v. Hughes

2. “The argument that a cause of action is not stated in the petition can hardly be seriously made. It certainly states good ground for recovery for both actual and punitive damages, and it would be a reproach upon the law if it did not afford a remedy for the willful and malicious acts of oppression and coercion recited in the petition.”

   1 later decision quote this exact passage · from the majority
   e.g. Porter v. Stormont-Vail Hospital