Thogmartin v. Koppel’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 35 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Defendant’s argument on its demurrer is'-limited to the contention the evidence does not show negligence;, that there was no evidence as to the manner in which the janitor mopped die. floor and ,in the absence thereof it will be presumed due care was used; that mopping of a floor is not negligence per se and therefore plaintiff’s evidence does not warrant recovery. ... It may be conceded that mopping a floor is not negligence per se, and it is true there was no direct evidence the mopping was not being properly done, but there was evidence that it was being so done that the floor was wet and slippery when plaintiff entered and fell, and that the condition was not observable to her until she had fallen. If there was any defect in her proof as to the slippery condition of the floor, it may be remarked- that it was corroborated in part by defendant’s janitor, who, as a witness for his employer, testified that after she had gone about five or six feet she slipped or skidded. “We cannot say as a matter of law that plaintiff’s proof showed there was not a latent defect in the floor caused by the acts of the janitor in mopping the linoleum covering. “From what has been said it follows the trial court did not err in denying defendant’s request for a peremptory instruction.” (p. 350.) (See, also, Bury v. Woolworth Co., 129 Kan. 514 , 283 Pac. 917 .)”

   1 later decision quote this exact passage · from the majority
   e.g. Walker v. Kress

2. ““The proprietor of a store is liable in damages to a customer who falls into an open stairway in the floor which is partially obscured in semidarkness caused by piles of merchandise stacked thereabout, when the customer went into the vicinity of the stairway to inspect certain shelf goods near by in response to a special invitation of the proprietor, who at the same time failed to give her a warning of the presence of the stairway.” (Syl. ¶ 2.)”

   1 later decision quote this exact passage · from the majority
   e.g. Bass v. Hunt