Simkins v. Dowis’s Empirical Analysis
1937
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently December 2013
16 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 Railroad Company v. Stout · Union Pac Ry Co v. McDonald · Gulf, Colorado & Santa Fe Railway Co. v. McWhirter · Dunbar v. Olivieri · Hayko v. Colorado & Utah Coal Co.
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Nor does the fact, as suggested by counsel for the defendant, that the boys who placed the machine in operation were of such an age that they should have anticipated the result of their action and thereby be guilty of negligence themselves, alter the situation. In the case of Gulf, Colorado & S. F. Ry. Co. v. McWhirter, 77 Tex. 356, 14 S.W. 26 , in which proceeding the plaintiff, a child of five years of age, was injured by a turntable revolved by children over fourteen years of age, the court, at page 360, states: ‘Under the evidence and finding of the jury it must be conceded that the negligence of appellant contributed to the injury, and if it be conceded that the person who put the turntable in motion was sui juris this would not relieve the appellant from liability though another party might also be liable.’ ””
1 later decision quote this exact passage · from the majority“If an owner sees fit to keep on his premises something that is an attraction and allurement to the natural instinets of childhood, the law ... imposes upon him the corresponding duty to take reasonable precautions to prevent the intrusion of children, or to protect from personal injury such as may be attracted thereby.”
1 later decision quote this exact passage · from the majority“a shack and a fire in a rubbish burning device, on the owner's premises, were such common, ordinary, and usual things as not to entice trespass by children and as a matter of law, therefore were not attractive nuisances.”
1 later decision quote this exact passage · from the majority
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.