Maxwell v. Maxwell’s Empirical Analysis

Citation profile

2 federal appellate · 10 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. ““The duty to a licensee is generally stated as the duty to refrain from acts of willful and wanton negligence. * * • “In 38 Am.Jur., Negligence, § 117, the duty to a social guest is stated as follows: “There is no duty on the part of the host to reconstruct or improve the premises for the purpose of making his house more convenient or more safe for those accepting his hospitality, gratuitously extended. The guest assumes the ordinary risks which attach to the premises. No exception is made to the rule because of the fact that the guest enters on the host’s express invitation to enjoy his hospitality. * * * A better reason for the rule is that a host merely offers his premises for enjoyment by his guests with the same security, that the host and the members of his family who reside with him have. However, the rule is that a host who knows of a concealed danger upon the premises is guilty of negligence if he permits the guest, unwarned of the peril, to come in contact therewith, and he may be held liable to the guest for an injury thus sustained.’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. Lenz v. Mehrens · Fuchs v. Huether

2. ““ ‘In 65 C.J.S. Negligence, § 38, a statement is made regarding hidden perils as follows: “ ‘* * * an owner or person in charge of premises ordinarily is not under any affirmative duty to give licensees warning of concealed perils although he might, by the exercise of reasonable care, have discovered the defect or danger which caused the injury. However, he owes a duty not knowingly or willfully to let the licensee run into, or expose him to, a hidden danger or peril.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Lenz v. Mehrens

3. “‘ ‘ The rule is well established that a question will not be taken from the jury, as the trier of facts, where there is conflicting evidence or where more than one conclusion can be drawn from the evidence.””

   1 later decision quote this exact passage · from the majority
   e.g. Charlie v. Foos