Smith v. Monmaney’s Empirical Analysis

Citation profile

5 federal appellate · 2 district · 16 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The facts presented here made it permissible for the jury to find that the plaintiff assumed the risk created by the defendants’ failure to keep the steps reasonably safe. However that was not the limit of the danger nor her risk. The top step was coated with ice, although the plaintiff testified she thought it was only wet. In the breaking daylight early in January, the deception would be understandable. The issue was for the jury to resolve. The plaintiff was deprived of the choice of a safer route. See Baldwin v. Vermont Railways, 126 Vt. 70, 76 , 223 A.2d 556 . And whether she exercised reasonable care for her own safety in not waiting from work until the steps were sanded or their condition known, relates to the issues of contributory negligence. Restatement, Torts § 466; Harper & James, The Law of Torts § 21.1. In any event, both defenses were properly submitted to the jury. Berry v. Whitney, 125 Vt. 383, 387 , 217 A.2d 41 ; Manley v. Haus, 113 Vt. 217, 223 , 32 A.2d 668 . 127 Vt. at 591-592, 255 A.2d at 678 .”

   1 later decision quote this exact passage
   e.g. Hoar v. Sherburne Corp.

2. “The determinant issue in ascertaining responsibility for negligence [by a landlord], arising from a dangerous condition on the land, is possession and control of the area which gives rise to the injury. It is the landlord’s duty to exercise reasonable care to maintain entrances and passageways retained in his control for the common use of tenants in multiple dwelling premises.”

   1 later decision quote this exact passage
   e.g. Favreau v. Miller