respondeat superior doctrine in Wisconsin

42 Wisconsin opinions name it 3 courts 1922–2026 4 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

Case	Followed	Cited
Arsand v. City of Franklingreen wis · 1978 · cited in 9 Wisconsin opinions naming this issue, 1980–2026 2 sentences 2026Servants are distinguished from independent contractors, a term that encompasses both agents 5 Although typically “employer and employee” or “principal and agent” would suffice to explain the relationship between two parties, the use of the terms master and servant under “[t]he doctrine of respondeat superior (‘let the master answer’),” reflects its use in agency law “for perhaps as long as 250 years.” Kerl v. Dennis Rasmussen, Inc., 2004 WI 86, ¶17 , 273 Wis. 2d 106 , 682 N.W.2d 328 . 11 No. 2024AP822 who do not satisfy the test for servants and those who are not agents at all. 6 Arsand, 83 W 2006Citing Kerl v. Dennis Rasmussen, Inc., 2004 WI 86, ¶¶ 19-23 , 273 Wis. 2d 106 , 682 N.W.2d 328 , and Arsand v. City of Franklin, 83 Wis. 2d 40, 45-50 , 264 N.W.2d 579 (1978), it references the doctrine of respondeat superior, and asserts that to be "acting within the scope of one's duties," an individual, including a volunteer, must first be deemed an agent of the principal, and only if this principal-agent relationship exists does the volunteer owe a "duty" and may the principal be hable for a tort committed by the servant-agent.	2	9
Monell v. New York City Dept. of Social Servs.green scotus · 1978 · cited in 2 Wisconsin opinions naming this issue, 1995–2023 2 sentences 2023Servs., 436 U.S. 658, 691 (1978) (italics omitted). 1995See Monell v. Department of Social Servs., 436 U.S. 658, 691 (1978). [2] Supreme Court Rule 60.01(14) provides: "A judge should contribute to the public interest by advising, suggesting and supporting rules and legislation which, from his or her judicial observation and experience, will improve the administration of justice." [3] Swatek testified that he thought the nurse meant he had twenty-four hours to live.	2	2
Shannon v. City of Milwaukeegreen wis · 1980 · cited in 2 Wisconsin opinions naming this issue, 1999–1999 2 sentences 1999"Under the doctrine of respondeat superior an employer can be held vicariously liable for the negligent acts of his employees while they are acting within the scope of their employment." Shannon v. City of Milwaukee, 94 Wis. 2d 364, 370 , 289 N.W.2d 564, 568 (1980). 1999"Under the doctrine of respondeat superior an employer can be held vicariously liable for the negligent acts of his employees while they are acting within the scope of their employment." Shannon v. City of Milwaukee, 94 Wis. 2d 364, 370 , 289 N.W.2d 564, 568 (1980).	2	2
Kerl v. Dennis Rasmussen, Inc.green wis · 2004 · cited in 5 Wisconsin opinions naming this issue, 2006–2026 2 sentences 2026However, an exception is the doctrine of respondeat superior, which imposes responsibility by “virtue of the close relationship between that person and the tortfeasor.” Kerl v. Dennis Rasmussen, Inc., 2004 WI 86, ¶¶17, 22 , 273 Wis. 2d 106 , 682 N.W.2d 328 . 2026However, an exception is the doctrine of respondeat superior, which imposes responsibility by “virtue of the close relationship between that person and the tortfeasor.” Kerl v. Dennis Rasmussen, Inc., 2004 WI 86, ¶¶17, 22 , 273 Wis. 2d 106 , 682 N.W.2d 328 .	1	5
Schramm v. Fostergreen mdd · 2004 · cited in 1 Wisconsin opinions naming this issue, 2020–2020 1 sentence 2020See id. at 547-51 .	1	1
State Ex Rel. Kurkierewicz v. Cannongreen wis · 1969 · cited in 1 Wisconsin opinions naming this issue, 1995–1995 2 sentences 1995Kurkierewicz v. Cannon, 42 Wis. 2d 368, 384-85 , 166 N.W.2d 255, 263 (1969). [1] However, the doctrine of respondeat superior does not apply to civil rights' liability. 1995Kurkierewicz v. Cannon, 42 Wis. 2d 368, 384-85 , 166 N.W.2d 255, 263 (1969). [1] However, the doctrine of respondeat superior does not apply to civil rights' liability.	1	1
Williams v. Burnsgreen cod · 1979 · cited in 1 Wisconsin opinions naming this issue, 1986–1986 1 sentence 1986See, e.g., Williams v. Burns , 463 F. Supp. 1278 , 1284-85 (D.	1	1
Sade v. Hemstromgreen kan · 1970 · cited in 1 Wisconsin opinions naming this issue, 1986–1986 1 sentence 1986See Sade v. Hemstrom, 471 P.2d 340, 348 (Kan. 1970); Smith v. City of Flint School Dist., 264 N.W.2d 368, 370 (Mich. 1978).	1	1
Smith v. City of Flint School Districtgreen michctapp · 1978 · cited in 1 Wisconsin opinions naming this issue, 1986–1986 1 sentence 1986See Sade v. Hemstrom, 471 P.2d 340, 348 (Kan. 1970); Smith v. City of Flint School Dist., 264 N.W.2d 368, 370 (Mich. 1978).	1	1
Riser v. Risergreen mich · 1927 · cited in 1 Wisconsin opinions naming this issue, 1980–1980	1	1
Peyton v. Delnaygreen mich · 1957 · cited in 1 Wisconsin opinions naming this issue, 1980–1980 2 sentences 1980In 1957, in Peyton v. Delnay, 348 Mich. 238, 248, 249 , 83 N.W.2d 204 (1957), the Michigan Supreme Court expressly retreated from its position in Geib that the liability imposed by statute on the owner of the motor vehicle for the negligence of a driver operating the car with the owner's consent rests on the doctrine of respondeat superior. 1980In 1957, in Peyton v. Delnay, 348 Mich. 238, 248, 249 , 83 N.W.2d 204 (1957), the Michigan Supreme Court expressly retreated from its position in Geib that the liability imposed by statute on the owner of the motor vehicle for the negligence of a driver operating the car with the owner's consent rests on the doctrine of respondeat superior.	1	1
Hollingsworth v. American Finance Corp.green wis · 1978 · cited in 1 Wisconsin opinions naming this issue, 1980–1980	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (40)

Case	Cited	Years
Pamperin v. Trinity Memorial Hospital green wis · 1988 2 sentences 2004"Under the doctrine of respondeat superior, a master is subject to liability for the tortious acts of his or her servant." Pamperin v. Trinity Mem'l Hosp., 144 Wis. 2d 188, 198 , 423 N.W.2d 848 (1988); see also Arsand v. City of Franklin, 83 Wis. 2d 40, 45 , 264 N.W.2d 579 (1978). 2004"Under the doctrine of respondeat superior, a master is subject to liability for the tortious acts of his or her servant." Pamperin v. Trinity Mem'l Hosp., 144 Wis. 2d 188, 198 , 423 N.W.2d 848 (1988); see also Arsand v. City of Franklin, 83 Wis. 2d 40, 45 , 264 N.W.2d 579 (1978).	4	2001–2026
Heims v. Hanke green wis · 1958 2 sentences 1992Arsand v. City of Franklin, 83 Wis. 2d 40, 45 , 264 N.W.2d 579 (1978). "`A servant is one employed to perform a service for another in his affairs and who, with respect to his physical conduct in the performance of the service, is subject to the other's control or right of control.'" Arsand, 83 Wis. 2d at 45 -46 (quoting Heims v. Hanke, 5 Wis. 2d 465, 468 , 93 N.W.2d 455 (1958) overruled on other grounds by Butzow v. Wausau Memorial Hospital, 51 Wis. 2d 281 (1971)) (emphasis omitted). 1992Arsand v. City of Franklin, 83 Wis. 2d 40, 45 , 264 N.W.2d 579 (1978). "`A servant is one employed to perform a service for another in his affairs and who, with respect to his physical conduct in the performance of the service, is subject to the other's control or right of control.'" Arsand, 83 Wis. 2d at 45 -46 (quoting Heims v. Hanke, 5 Wis. 2d 465, 468 , 93 N.W.2d 455 (1958) overruled on other grounds by Butzow v. Wausau Memorial Hospital, 51 Wis. 2d 281 (1971)) (emphasis omitted).	2	1978–1992
Huss v. Vande Hey green wis · 1965 2 sentences 1977If a nurse is employed by a doctor, the supreme court said in Huss v. Vande Hey , 29 Wis.2d 34 , 43 , 138 N.W.2d 192 (1965): "Whether the medical doctor is physically present or absent at the time physical therapy is rendered by a nurse in his office, Page 181 the doctor is fully responsible for her conduct under the doctrine of respondeat superior ." In the case of a nurse not employed by a doctor, it is indicated in 70 C.J.S. 1977If a nurse is employed by a doctor, the supreme court said in Huss v. Vande Hey , 29 Wis.2d 34 , 43 , 138 N.W.2d 192 (1965): "Whether the medical doctor is physically present or absent at the time physical therapy is rendered by a nurse in his office, Page 181 the doctor is fully responsible for her conduct under the doctrine of respondeat superior ." In the case of a nurse not employed by a doctor, it is indicated in 70 C.J.S.	2	1977–1985
Holytz v. City of Milwaukee red wis · 1962 2 sentences 1984Following this court’s decision in Holytz v. Milwaukee, 17 Wis. 2d 26 , 115 N.W.2d 618 (1962), cities and other governmental units can be held liable in damages for the negligence of their employees under the doctrine of respondeat superior. 1984Following this court’s decision in Holytz v. Milwaukee, 17 Wis. 2d 26 , 115 N.W.2d 618 (1962), cities and other governmental units can be held liable in damages for the negligence of their employees under the doctrine of respondeat superior.	2	1980–1984
Morrison v. Henke red wis · 1917 2 sentences 1963In Kojis we stated charitable immunity was granted on the ground of public policy and specifically, quoting from Morrison v. Henke (1917), 165 Wis. 166 , 160 N. W. 173 , which first recognized such immunity, because a charitable hospital performed a quasi-public function in administering to the poor and the sick without any pecuniary profit to itself, the doctrine of respondeat superior should not apply to it in favor of those receiving its charitable services. 1963In Kojis we stated charitable immunity was granted on the ground of public policy and specifically, quoting from Morrison v. Henke (1917), 165 Wis. 166 , 160 N. W. 173 , which first recognized such immunity, because a charitable hospital performed a quasi-public function in administering to the poor and the sick without any pecuniary profit to itself, the doctrine of respondeat superior should not apply to it in favor of those receiving its charitable services.	2	1922–1963
Thurn v. La Crosse Liquor Co. green wis · 1951 2 sentences 2026“Where the inference is clear that there is, or is not, a master and servant relationship, it is made by the court; otherwise the jury determines the question after instruction by the court as to the matters of fact to be considered.” Thurn v. La Crosse Liquor Co., 258 Wis. 448, 452 , 46 N.W.2d 212 (1951) (citation omitted). 2026“Where the inference is clear that there is, or is not, a master and servant relationship, it is made by the court; otherwise the jury determines the question after instruction by the court as to the matters of fact to be considered.” Thurn v. La Crosse Liquor Co., 258 Wis. 448, 452 , 46 N.W.2d 212 (1951) (citation omitted).	1	2026–2026
State v. Bond green wis · 2001 1 sentence 2023Co. of Wis., 2001 WI 60, ¶12 , 243 Wis. 2d 648 , 627 N.W.2d 484 (The doctrine of respondeat superior “allows a non-negligent employer to be held liable for an employee’s actions.”).	1	2023–2023
Lewis v. Physicians Insurance Co. of Wisconsin neutral wis · 2001 2 sentences 2023Co. of Wis., 2001 WI 60, ¶12 , 243 Wis. 2d 648 , 627 N.W.2d 484 (The doctrine of respondeat superior “allows a non-negligent employer to be held liable for an employee’s actions.”). 2023Co. of Wis., 2001 WI 60, ¶12 , 243 Wis. 2d 648 , 627 N.W.2d 484 (The doctrine of respondeat superior “allows a non-negligent employer to be held liable for an employee’s actions.”).	1	2023–2023
Richards v. Badger Mutual Insurance green wis · 2008 1 sentence 2022Co., 2008 WI 52, ¶46 , 9 The Preislers alternatively argued in their postverdict motion that Duke’s liability is attributable to 4 D-K Farm and KSS by piercing the corporate veil “in reverse” or under the doctrine of respondeat superior.	1	2022–2022
DeRuyter v. Wisconsin Electric Power Co. green wisctapp · 1996 1 sentence 2013Id. at 358-59 . ¶ 28.	1	2013–2013
City of Norwich v. Silverberg green conn · 1986 1 sentence 2009Id. at 340 .	1	2009–2009
Butzow v. Wausau Memorial Hospital green wis · 1971 2 sentences 1992Arsand v. City of Franklin, 83 Wis. 2d 40, 45 , 264 N.W.2d 579 (1978). " 'A servant is one employed to perform a service for another in his affairs and who, with respect to his physical conduct in the performance of the service, is subject to the other's control or right of control.' " Arsand, 83 Wis. 2d at 45 -46 (quoting Heims v. Hanke, 5 Wis. 2d 465, 468 , 93 N.W.2d 455 (1958) overruled on other grounds by Butzow v. Wausau Memorial Hospital, 51 Wis. 2d 281 (1971)) (emphasis omitted). 1992Arsand v. City of Franklin, 83 Wis. 2d 40, 45 , 264 N.W.2d 579 (1978). "`A servant is one employed to perform a service for another in his affairs and who, with respect to his physical conduct in the performance of the service, is subject to the other's control or right of control.'" Arsand, 83 Wis. 2d at 45 -46 (quoting Heims v. Hanke, 5 Wis. 2d 465, 468 , 93 N.W.2d 455 (1958) overruled on other grounds by Butzow v. Wausau Memorial Hospital, 51 Wis. 2d 281 (1971)) (emphasis omitted).	1	1992–1992
Ziegler v. Pitney green ca2 · 1943 2 sentences 1991Thus, for example, in a decision written by Justice Augustus Hand, Ziegler v. Pitney, 139 F.2d 595 (2d Cir. 1943), the court noted that unlike a common-law trustee who is liable for the negligence of his agents under the doctrine of respondeat superior, a bankruptcy trustee is exempt from personal liability for the negligence of his agents unless the trustee acts outside the scope of his authority. 1991Id. at 596 .	1	1991–1991
Springfield Lumber, Feed & Fuel Co. v. Industrial Commission green wis · 1960 2 sentences 1981Steinmetz, J., took no part. 1 Sec. 802.08, Stats. 1979-80. 2 For a discussion of the doctrine of respondeat superior, see Arsand v. City of Franklin, 83 Wis.2d 40 , 264 N.W.2d 579 (1978). 3 Seaman Body Corp. v. Industrial Comm., 204 Wis. 157, 163 , 235 N.W. 433 (1931); Springfield Lumber, Feed & Fuel Co. v. Industrial Comm., 10 Wis.2d 405, 409 , 102 N.W.2d 754 (1960); Skornia v. Highway Pavers, Inc., 39 Wis.2d 293 , 159 N.W.2d 76 (1968); Huckstorf v. Vince L. 1981Steinmetz, J., took no part. 1 Sec. 802.08, Stats. 1979-80. 2 For a discussion of the doctrine of respondeat superior, see Arsand v. City of Franklin, 83 Wis.2d 40 , 264 N.W.2d 579 (1978). 3 Seaman Body Corp. v. Industrial Comm., 204 Wis. 157, 163 , 235 N.W. 433 (1931); Springfield Lumber, Feed & Fuel Co. v. Industrial Comm., 10 Wis.2d 405, 409 , 102 N.W.2d 754 (1960); Skornia v. Highway Pavers, Inc., 39 Wis.2d 293 , 159 N.W.2d 76 (1968); Huckstorf v. Vince L.	1	1981–1981
Huckstorf v. Vince L. Schneider Enterprises green wis · 1968 2 sentences 1981Schneider Enterprises, 41 Wis.2d 45, 50 , 163 N.W.2d 190 (1968); Freeman v. Kraus Milling Co., 43 Wis.2d 392, 394 , 168 N.W.2d 599 (1969). 1981Schneider Enterprises, 41 Wis.2d 45, 50 , 163 N.W.2d 190 (1968); Freeman v. Kraus Milling Co., 43 Wis.2d 392, 394 , 168 N.W.2d 599 (1969).	1	1981–1981
Freeman v. Krause Milling Co. green wis · 1969 2 sentences 1981Schneider Enterprises, 41 Wis.2d 45, 50 , 163 N.W.2d 190 (1968); Freeman v. Kraus Milling Co., 43 Wis.2d 392, 394 , 168 N.W.2d 599 (1969). 1981Schneider Enterprises, 41 Wis.2d 45, 50 , 163 N.W.2d 190 (1968); Freeman v. Kraus Milling Co., 43 Wis.2d 392, 394 , 168 N.W.2d 599 (1969).	1	1981–1981
Skornia v. Highway Pavers, Inc. green wis · 1968 2 sentences 1981Steinmetz, J., took no part. 1 Sec. 802.08, Stats. 1979-80. 2 For a discussion of the doctrine of respondeat superior, see Arsand v. City of Franklin, 83 Wis.2d 40 , 264 N.W.2d 579 (1978). 3 Seaman Body Corp. v. Industrial Comm., 204 Wis. 157, 163 , 235 N.W. 433 (1931); Springfield Lumber, Feed & Fuel Co. v. Industrial Comm., 10 Wis.2d 405, 409 , 102 N.W.2d 754 (1960); Skornia v. Highway Pavers, Inc., 39 Wis.2d 293 , 159 N.W.2d 76 (1968); Huckstorf v. Vince L. 1981Steinmetz, J., took no part. 1 Sec. 802.08, Stats. 1979-80. 2 For a discussion of the doctrine of respondeat superior, see Arsand v. City of Franklin, 83 Wis.2d 40 , 264 N.W.2d 579 (1978). 3 Seaman Body Corp. v. Industrial Comm., 204 Wis. 157, 163 , 235 N.W. 433 (1931); Springfield Lumber, Feed & Fuel Co. v. Industrial Comm., 10 Wis.2d 405, 409 , 102 N.W.2d 754 (1960); Skornia v. Highway Pavers, Inc., 39 Wis.2d 293 , 159 N.W.2d 76 (1968); Huckstorf v. Vince L.	1	1981–1981
Seaman Body Corp. v. Industrial Commission green wis · 1931 2 sentences 1981Steinmetz, J., took no part. 1 Sec. 802.08, Stats. 1979-80. 2 For a discussion of the doctrine of respondeat superior, see Arsand v. City of Franklin, 83 Wis.2d 40 , 264 N.W.2d 579 (1978). 3 Seaman Body Corp. v. Industrial Comm., 204 Wis. 157, 163 , 235 N.W. 433 (1931); Springfield Lumber, Feed & Fuel Co. v. Industrial Comm., 10 Wis.2d 405, 409 , 102 N.W.2d 754 (1960); Skornia v. Highway Pavers, Inc., 39 Wis.2d 293 , 159 N.W.2d 76 (1968); Huckstorf v. Vince L. 1981Steinmetz, J., took no part. 1 Sec. 802.08, Stats. 1979-80. 2 For a discussion of the doctrine of respondeat superior, see Arsand v. City of Franklin, 83 Wis.2d 40 , 264 N.W.2d 579 (1978). 3 Seaman Body Corp. v. Industrial Comm., 204 Wis. 157, 163 , 235 N.W. 433 (1931); Springfield Lumber, Feed & Fuel Co. v. Industrial Comm., 10 Wis.2d 405, 409 , 102 N.W.2d 754 (1960); Skornia v. Highway Pavers, Inc., 39 Wis.2d 293 , 159 N.W.2d 76 (1968); Huckstorf v. Vince L.	1	1981–1981
Geib v. Slater green mich · 1948 2 sentences 1980The liability is based upon the doctrine of respondeat superior.’ ” Geib v. Slater, supra, 31 N.W.2d at 67 . 1980The plurality opinion discussed Geib as follows: “And in Geib v. Slater, 320 Mich 316 , and Riser v. Riser, 240 Mich 402, 404 (27 NCCA 518), this Court in discussing this statute quoted language purporting to originate in an Iowa case (Maine v. James Maine & Sons Co., 198 Iowa 1278 [ 201 NW 20 , 37 ALR 161 ]: “ ‘ “The liability of the owner of a motor vehicle for damages caused by the negligent operation thereof by another person, rests upon the doctrine of agency, express or implied. “ ‘ “The liability is based upon the doctrine of respondeat superior.” ’ Geib v. Slater, supra, 320.	1	1980–1980
Maine v. James Maine & Sons Co. green iowa · 1924 2 sentences 1980The plurality opinion discussed Geib as follows: “And in Geib v. Slater, 320 Mich 316 , and Riser v. Riser, 240 Mich 402, 404 (27 NCCA 518), this Court in discussing this statute quoted language purporting to originate in an Iowa case (Maine v. James Maine & Sons Co., 198 Iowa 1278 [ 201 NW 20 , 37 ALR 161 ]: “ ‘ “The liability of the owner of a motor vehicle for damages caused by the negligent operation thereof by another person, rests upon the doctrine of agency, express or implied. “ ‘ “The liability is based upon the doctrine of respondeat superior.” ’ Geib v. Slater, supra, 320. 1980Arsand v. City of Franklin, 83 Wis.2d 40 , 264 N.W.2d 579 (1978). [4] The plurality opinion discussed Geib as follows: "And in Geib v. Slater, 320 Mich 316 , and Riser v. Riser, 240 Mich 402, 404 (27 NCCA 518), this Court in discussing this statute quoted language purporting to originate in an Iowa case ( Maine v. James Maine & Sons Co., 198 Iowa 1278 [ 201 NW 20 , 37 ALR 161 ]: "`"The liability of the owner of a motor vehicle for damages caused by the negligent operation thereof by another person, rests upon the doctrine of agency, express or implied. "`"The liability is based upon the doctri	1	1980–1980
Nickley v. Eisenberg green wis · 1931	1	1977–1977
Miller v. Kujak green wis · 1958	1	1976–1976
Gewanski v. Ellsworth green wis · 1917	1	1973–1973
Yorston v. Pennell green pa · 1959	1	1965–1965
Bachman v. Young Women's Christian Ass'n green wis · 1922	1	1963–1963
Vulcan Last Co. v. State green wis · 1928	1	1962–1962
Strohmaier v. Wisconsin Gas & Electric Co neutral wis · 1934	1	1955–1955
Smith v. Milwaukee Builders' & Traders' Exchange green · 1895	1	1955–1955
Mulcairns v. City of Janesville neutral wis · 1886	1	1940–1940
Hollman v. City of Platteville neutral wis · 1898	1	1940–1940
Piper v. City of Madisow green wis · 1909	1	1940–1940
State Journal Printing Co. v. City of Madison green wis · 1912	1	1940–1940
Apfelbacher v. State green wis · 1915	1	1940–1940
Burns v. North Chicago Rolling Mill Co. green wis · 1886	1	1936–1936
Roosen v. Peter Bent Brigham Hospital green mass · 1920	1	1935–1935
Adams v. University Hospital green moctapp · 1907	1	1935–1935
Portland Gas & Coke Co. v. Giebisch neutral · 1917	1	1934–1934
Kuehn v. City of Milwaukee neutral wis · 1896	1	1934–1934
Gianella v. Bigelow neutral wis · 1896	1	1934–1934
Nemet v. City of Kenosha neutral wis · 1919	1	1934–1934

Statutes the citing opinions construe

WI § Wis. Stat. § 802.08 (10) WI § Wis. Stat. § 808.10 (5) WI § Wis. Stat. § 895.46 (4) WI § Wis. Stat. § 805.14 (3) WI § Wis. Stat. § 893.80 (3) WI § Wis. Stat. § 895.045 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 391 (1876–2026) CA 298 (1889–2026) IL 245 (1866–2025) OH 215 (1883–2026) TX 184 (1876–2026) GA 165 (1928–2026) NC 119 (1902–2026) FL 105 (1920–2026) AL 104 (1914–2025) LA 96 (1927–2025) MO 92 (1874–2025) IN 87 (1864–2026) MI 81 (1911–2026) NJ 71 (1884–2026) VA 66 (1914–2025) CT 65 (1988–2026) WA 65 (1902–2026) AZ 65 (1938–2026) TN 61 (1924–2021) MD 52 (1934–2024) PA 46 (1891–2025) MA 44 (1920–2024) OR 42 (1902–2017) WI 42 (1922–2026) NM 39 (1939–2026) MN 38 (1897–2014) OK 37 (1912–2020) CO 37 (1928–2021) MS 34 (1884–2025) WV 32 (1898–2025) KS 30 (1909–2026) UT 30 (1926–2026) NE 28 (1912–2025) KY 27 (1928–2025) IA 25 (1903–2026) DC 24 (1945–2023) SC 20 (1923–2026) VT 18 (1890–2025) ID 16 (1962–2022) AR 16 (1906–2025) MT 14 (1932–2024) HI 13 (1957–2025) ND 12 (1935–2018) SD 12 (1932–2021) DE 11 (1951–2023) NH 11 (1985–2023) NV 9 (1978–2014) WY 9 (1980–2020) ME 8 (1923–2021) RI 8 (1949–2006) AK 7 (1971–2023) VI 4 (1998–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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