114 Ga. App. 572 - Kahn v. Graper’s Empirical Analysis
1966
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently October 2010
14 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 Moseley v. Alabama Power Co. · 114 Ga. App. 193 - Crosby v. Savannah Electric & Power Co. · Cook v. Southern Railway Co. · 98 Ga. App. 662 - Baxley v. Williams Construction Co. · Scott v. Rich's Inc.
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The doctrine of mantrap or pitfall is rested upon the theory that the owner is expecting a trespasser or licensee and has prepared the premises to do him injury. [Cit.] There is no allegation of any active negligence on the part of the defendant in the preparation of the premises to do plaintiff any injury. This may happen where the owner has deliberately set a trap gun, or has concealed a danger, hiding it with some cover insufficient to prevent injury. It may result from a knowledge of the owner of the existence of the dangerous condition coupled with a conscious indifference to the consequences, so that an intent to inflict injury is inferable. [Cit.] “The general rule supported by the authorities is that, while a landowner cannot intentionally injure or lay traps for a trespasser (or a licensee) upon his land, he owes no other duty to him.” Cooley, Torts (4th Ed.) 186, 199, § 440.”
1 later decision quote this exact passage“'The general rule supported by the authorities is that, while a landowner cannot intentionally injure or lay traps for a trespasser [or a licensee] upon his land, he owes no other duty to him.’ Cooley, Torts (4th Ed.) 186, 199, § 440.” Also, the court holds:”
1 later decision quote this exact passage“The doctrine of mantrap or pitfall is rested upon the theory that the owner is expecting a trespasser or a licensee and has prepared the premises to do him injury. [Cit.]”
1 later decision quote this exact passage
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.