Golden v. Katz’s Empirical Analysis

Citation profile

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

1. “"* * * It is apparent that the rail in question was perfectly safe for all persons except those so young or so small as to require special care and attention. There is nothing dangerous to the normal person in such a rail. There is danger only if there is involved one so young as to be incapable of exercising care, and, in the case of so young a person, everyone is justified in assuming that special attention, or care, or supervision, will be afforded by parents or others in authority. The rail provided here is identical with rails found in numerous other buildings. * * * "* * * There is no duty in the owner of a building * * * to anyone rightfully within the building, to provide any particular type of construction, unless, of course, the rail, or the stair, or the floor, which is complained of, obviously provides a trap, or is dangerous even to the reasonably prudent person. It is true that, under Art. 2315 of the Civil Code, liability to any person * * rightfully on the premises, might result from negligence in creating such a trap as we have referred to; but, surely, even that article cannot be construed as placing upon a house owner liability merely because he does not make his building fool-proof, or because he does not so construct it as to make it impossible for infants to injure themselves."”

   1 later decision quote this exact passage
   e.g. Sullivan v. Birmingham Fire Insurance Co. of Pa.

2. ““The pertinent provisions of the Civil Code are articles 670, 2315 and 2322 * * * But those articles do not provide for liability of an owner because his building is not equipped with all safeguards against possible dangers which might be encountered in the use of the premises. They merely make him accountable for his neglect to keep his building in repair and for defects therein which are caused by vices of original construction. The failure to provide a bannister on a stairway cannot be regarded as a vice in construction in the absence of a building law or ordinance requiring it.””

   1 later decision quote this exact passage
   e.g. Bradberry v. Dispenza