146 W. Va. 130 - Whitney v. Ralph Myers Contracting Corporation’s Empirical Analysis
1961
Citation profile
47 state decisions
How this case has been cited
Cited by 54 later decisions (2 by the Supreme Court) — most recently June 2009 · most notably Laird v. Nelms (1972), 162 W. Va. 857 - Morningstar v. Black & Decker Manufacturing Co. (1979)
47 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Whitman Hotel Corporation v. Elliott & Watrous Engineering Co. · Valley Forge Gardens, Inc. v. James D. Morrissey, Inc. · 138 W. Va. 218 - Pope v. Edward M. Rude Carrier Corp. · Benner v. Atlantic Dredging Co. · Watts v. Norfolk & W. R.
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The use of explosives in blasting operations, though necessary and lawfully used by a general contractor in the construction of a public highway, being intrinsically dangerous and extraordinarily hazardous, renders the contractor hable for damages resulting to the property of another from such blasting, without negligence on the part of the contractor. “A general contractor in the construction of a public highway is hable for damages resulting to the property of another from blasting operations conducted by him, notwithstanding such damages were due solely to vibrations occasioned by the blasting.””
1 later decision quote this exact passage““Defendant is not regarded as engaging in blameworthy conduct. He is creating hazards to others, to be sure, but they are ordinary, and reasonable risks incident to desirable social and economic activity. But common notions of fairness require that the defendant make good any harm that results even though his conduct is free from fault.” See also 2 Harper and James, supra, at p. 816.”
1 later decision quote this exact passage“In an action for recovery of damages to property, alleged to have resulted from blasting operations of defendant, to be entitled to recover the plaintiff must establish that the damages were caused by, or were the result of, the blasting. The question of whether the damages were caused by the blasting is for jury determination, where the evidence is materially in conflict.”
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.