Howard v. Poseidon Pools, Inc.’s Empirical Analysis

Citation profile

2 district · 8 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"More importantly, NSPI did not have the duty or authority to control the manufacturers who did produce the product here in question, viz, the swimming pool. For the defendant NSPI to be responsible for the negligence of the manufacturer, it must appear that such defendant controlled the tort feasing manufacturer. In Pulka v. Edelman, 40 N.Y. 2d 781 , 390 N.Y.S. 2d 393 , 358 N.E. 2d 1019 [(1976)], Judge Cooke speaking for the Court of Appeals stated it succinctly, viz, "a duty to prevent such negligence should not be imposed on one who does not control the tort feasor (citing authorities)." 40 N.Y. 2d 781 at 784 , 390 N.Y.S. 2d 393 , 358 N.E. 2d 1019 . Expanding on this statement the court also noted that "although it is reasonable to require one person to be responsible for the negligent conduct of another in some instances, it is unreasonable to impose that duty where the realities of every day experience show us that, regardless of the measures taken, there is little expectation, that the one made responsible could prevent the negligent conduct." Citations omitted.”

   2 later decisions quote this exact passage · from the majority
   e.g. 220 N.J. Super. 73 - Meyers v. Donnatacci · King v. National Spa and Pool Institute