116 Cal. App. 248 - Fisher v. Pennington’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Personal property, let to a hirer or renter, must be put into condition fit for its intended purpose or use. (Civ. Code, sec. 1955.) Furniture supplied to the renter of a furnished apartment imposes on the owner a liability ‘for all damages caused by the defects or devices of the thing deposited’ (Civ. Code, sec. 1833). In the renting of a furnished apartment there is an implied warranty that the furniture is fit for use or occupation. . . . “. . . A hotel-keeper is required to keep the furniture in good repair and this irrespective of whether the rental is for one day or one month. The same rule should and does apply to an apartment house-keeper (36 Cor.Jur. 48). Keepers of furnished apartments have the same lien upon baggage, etc., as the hotel-keepers. (See Civ. Code, secs. 1861a, 1862.) Every person is responsible by his want of ordinary care in the management of his property for an injury sustained by the use of such property except in cases where the user has brought injury upon himself. (See Civ. Code, sec. 1714.) By the rental contract plaintiffs were conveyed an estate in the demised premises and they were entitled to the use and enjoyment of their habitation. A tort-feasor is liable notwithstanding the existence of a contract. If the cause of action arises from a breach of duty growing out of a contract it is ex delicio. “In omitting to perform a duty imposed under the law, namely, to supply a bed safe to sleep in, appellants were guilty of negligence. It is not ne”

   1 later decision quote this exact passage
   e.g. 87 Cal. App. 2d 226 - Forrester v. Hoover Hotel & Investment Co.

2. “660. (Definition of Fixtures: Severance by Agreement.) A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws; except that for the purposes of sale, emblements, industrial growing crops and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, shall be treated as goods and be governed by the provisions of the title of this code regulating the sales of goods.”

   1 later decision quote this exact passage
   e.g. 57 Cal. App. Supp. 2d 1032 - People v. Church

3. “This section of the code is simply a rule for general guidance, concerning itself more with ultimate than with probative facts. Whether or not in any case a building is 'permanently resting upon' the soil so as to be deemed 'affixed to the land' within the meaning of the section remains a question of fact to be determined upon the evidence of that case.”

   1 later decision quote this exact passage
   e.g. 57 Cal. App. Supp. 2d 1032 - People v. Church