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← 103 KAN 425 - Starkweather v. Dunlap

Starkweather v. Dunlap’s Empirical Analysis

1918

Citation profile

5
cited by 5 later decisions
1
states following
October 1994
most recently cited

5 state decisions

How this case has been cited

Cited by 5 later decisions — most recently October 1994

5 state decisions

20191819201930194019501960197019801990decided

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 Walker v. Scott · Maxwell v. Harper · City of Owensboro v. Gabbert · State ex rel. McGill v. Gerhards · Good-eye Mining Co. v. Robinson

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““Cases are cited on the point that where the workman knows or has as good opportunities for knowing the extent and imminence of the danger as his employer, such workman who remains in the place of danger assumes the risk (Metz v. Railway Co., 90 Kan. 463, 465 , 135 Pac. 667 ; Barnes v. Akins, 101 Kan. 359 , 166 Pac. 474 ), even although the employer has assured him that the place is not dangerous. (Walter v. Scott, 67 Kan. 814 , 64 Pac. 615 ; 26 Cyc. 1213.) Defendants contend that such were the facts of this case. A jury might think so (Sappenfield v. Zinc Co., 94 Kan. 22, 27 , 145 Pac. 862 ; Morgan v. Rainier Beach Lumber Co., 51 Wash. 355 , 98 Pac. 1120 ; 22 L. R. A., n. s., 472, and note); but when a court is called on to rule on a demurrer to the evidence a most tolerant and generous view of the evidence must always be given. (The State, ex rel., v. Gerhards, 99 Kan. 462, 464 , 162 Pac. 1149 , and citations therein; Russell v. Considine, 101 Kan. 631, 634 , 168 Pac. 1095 ; Mentze v. Rice, 102 Kan. 855, 856 , 172 Pac. 516 ; Bushey v. Coffman, ante, p. 209, 173 Pac. 341 .)” (p. 427.)”
    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.