Ewing v. Balan’s Empirical Analysis
1959
Citation profile
10 state decisions
Relationships
Relies on Alarid v. Vanier · Finnegan v. Royal Realty Co. · 142 Cal. App. 2d 575 - Atherley v. MacDonald, Young & Nelson, Inc. · 120 Cal. App. 2d 815 - Bickham v. Southern California Edison Co. · 115 Cal. App. 2d 639 - Black v. Partridge
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The argument that Ewing must be deemed to have assumed the risk is not sustainable. Defendants rely upon the rule that a tenant assumes the risk of damages arising from conditions of the premises that are obvious to ordinary observations. [Citations.] The rule is inapplicable. It is merely a corollary of the common law principle that a landlord is not liable to his tenant for damages resulting from patent defects in the absence of a covenant to repair. [Citations.] As we have pointed out, defendants were required by statute to keep the heater in good repair. And assumption of the risk is not available as a defense to an action based upon the violation of a safety law intended to protect the plaintiff against the very risk which he is said to have assumed. [Citations.]"”
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.