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← 151 Mont. 54 - Dutton v. Rocky Mountain Phosphates

Dutton v. Rocky Mountain Phosphates’s Empirical Analysis

1968

Citation profile

35
cited by 35 later decisions
2
states following
March 2020
most recently cited

2 federal appellate · 2 district · 29 state decisions

How this case has been cited

Cited by 35 later decisions — most recently March 2020 · most notably Hellickson v. Barrett Mobile Home Transport, Inc. (1973), Nelson v. C & C PLYWOOD CORP. (1970)

2 federal appellate · 2 district · 29 state decisions

1201968197019801990200020102020decided

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 Thisted v. Country Club Tower Corp. · Parchen v. Chessman · Fey v. A. A. Oil Corp. · Fleming v. Lockwood · Heckaman v. Northern Pacific Railway 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “one who maintains a condition, or engages in an activity, which involves a high degree of risk of harm to others and is abnormal in the community and inappropriate to its surroundings, is strictly liable for the harm which it causes.”
    2 later decisions quote this exact passage · from the majority
  2. “However, as detailed above, Mr. Rhodes is an expert, he knew what the fluorides would do. His testimony seemed to be that when they started in the Garrison area the fluorine toxicosis occurred sooner than he expected it to. Further, it is apparent that Rhodes knew of scrubbers available for installation in this operation which would control the emission of fluorides. The conclusion is inescapable that the defendant was prodded each step of the way by the courts to make the scrubbers effective and efficient.”
    1 later decision quote this exact passage · from the majority
  3. “As stated above, the trial court under the evidence at that time properly refused the injunction. However, equity demands that the trial court should reopen the injunctive feature of the case and require the defendant to establish that its operation is now within reasonable limits and that its operation will not result in the emission of quantities of fluorides into the atmosphere that will damage hay or grass and it will not, therefore, result in damage to livestock.”
    1 later decision quote this exact passage · from the majority

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.