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← 138 CALAPP2D 428 - Allen v. Jim Ruby Construction Co.

Allen v. Jim Ruby Construction Co.’s Empirical Analysis

1956

Citation profile

22
cited by 22 later decisions
2
states following
May 1969
most recently cited

20 state decisions

Relationships

Relies on 24 Cal. 2d 133 - Oettinger v. Stewart · Palmquist v. Mercer · Louie v. Hagstrom's Food Stores, Inc. · Dahms v. General Elevator Co. · Hall v. Barber Door Co.

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

  1. ““There was evidence of the following facts: In the course of the work in which defendant was engaged it was necessary to make an excavation which involved a breaking up of concrete, the cutting off and removal of steel rods and the removal of all material necessary in the excavation of a pit. ... In this work the concrete was broken up, rods were cut, and the material was thrown out of the pit by hand onto the ground where it was picked up by hand and thrown into trucks to be hauled away. ... Plaintiff was working on the northerly side of the pit about 10 feet distant therefrom when he decided to walk past the pit on the north side to a washroom. As he proceeded he stumbled on a steel bar or rod 3 or 4 feet long, which was lying on the ground 4 or 5 feet north of the pit and about midway between the easterly and westerly ends of the pit. His foot struck the bar; he lost his balance and went forward into the pit. There was no barrier around the pit. No witness observed plaintiff’s fall into the pit....” (Supra, p. 429.)”
    1 later decision quote this exact passage
  2. “There are other well settled principles which are pertinent to the question of defendant's duty toward the public. One is that a possessor of land has no duty toward persons who come upon the land to change the method of his operations which are carried on so openly as to be obvious to all observers.”
    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.