171 W. Va. 607 - Robertson v. LeMaster’s Empirical Analysis
1983
Citation profile
2 federal appellate · 102 state decisions
How this case has been cited
Cited by 121 later decisions — most recently May 2018 · most notably Otis Engineering Corp. v. Clark (1983), 208 W. Va. 486 - Aikens v. Debow (2001)
2 federal appellate · 102 state decisions — followed in 14 states
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 Palsgraf v. Long Island R.R. Co. · Rowland v. Christian · Dillon v. Legg · Sinn v. Burd · 36 Ill. 2d 516 - Lance v. Senior
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 121 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“One who engages in affirmative conduct, and thereafter realizes or should realize that such conduct has created an unreasonable risk of harm to another, is under a duty to exercise reasonable care to prevent the threatened harm.”
7 later decisions quote this exact passage“`the likelihood of injury, the magnitude of the burden of guarding against it, and the consequences of placing that burden on the defendant.'”
5 later decisions quote this exact passage“[b]eyond the question of foreseeability, the existence of a duty also involves policy considerations underlying the core issue of the scope of the legal system's protection.”
2 later decisions 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.