Mosher v. Burglass’s Empirical Analysis
1936
Citation profile
7 state decisions
How this case has been cited
Cited by 8 later decisions — most recently May 1977
7 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 Glain v. Sparandeo · 18 La. App. 664 - Koch v. Southern Cities Distributing Co. · 18 La. App. 96 - Bacon v. New Orleans Public Service, Inc. · Evans v. Hollander · Caulfield v. Saba
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * there is written by law into every contract of lease a warranty that the leased property contains no defects and that the lessee and all other persons lawfully upon the premises may subject any part thereof to any of the uses for which the property is intended. Therefore, as we said in Brown v. Pons [La.App.], 147 So. 560 , 561: ‘It follows that, if the rail gave way while it was being used for a purpose for which such rails are customarily used and plaintiff himself was not contributorily negligent in relying upon a manifestly defective rail, then the owner of the premises is liable, because “the lessor warranted the solidity of the balustrade for all legitimate purposes.” ’ Evans v. Hollander, 2 La.App. 409 .””
1 later decision quote this exact passage“"It is not necessary that we cite any of the numerous authorities which hold that, in this state, there is written by law into every contract of lease a warranty that the leased property contains no defects and that the lessee and all other persons lawfully upon the premises may subject any part thereof to any of the uses for which the property is intended."”
1 later decision quote this exact passage““ * * * It is to be presumed or expected that persons may stumble or fall against such a rail, and that is all that Mrs. Mosher did, even if defendant’s contention is correct. If such a ' rail cannot withstand the pressure of a person stumbling or falling against it, it cannot serve the purpose for which it is intended.””
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.