Dunn v. Cavanaugh’s Empirical Analysis

Citation profile

3 federal appellate · 1 district · 3 state decisions

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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But we think the judge was quite right in leaving it to the jury to say whether the warnings would not be understood by an ordinarily prudent person as referring to actual contact with the wires, and whether they were of such character as to advise him of the danger which actually caused his death. "The defendants further contend that a verdict should have been directed in their favor, because the decedent was guilty of contributory negligence as a matter’ of law in lowering the boatswain’s chair so as to get opposite instead of being above the wire. This question we think was properly submitted to the jury, because if all the decedent had to apprehend was the danger of touching the wires he could not he said to be guilty of contributory negligence in getting opposite one, at least as a matter of law. “The defendants further contend that the verdict should have been directed in their favor, because decedent assumed the risk of the injury which he sustained. He assumed all risks he knew or ought to have known to exist. But it was for the jury to say whether he did know or ought to have known of this particular danger. It certainly would be obvious to very few persons not experts or engaged in business involving electrical currents of high tension.””

   2 later decisions quote this exact passage · from the majority
   e.g. Pennsylvania Utilities Co. v. Brooks · Theisen v. Minnesota Power & Light Co.

2. ““Exceptions were also taken to the charge, only one of which we think it necessary to mention, viz., that it was error in the court to charge the jury that It was the duty of the defendants to make the premises where the decedent worked reasonably safe. This is a correct statement of the* duty of the owner or occupier of real estate as to persons whom he invites to work there. It is only in the case of mere licensees that he is held to no active duty as to the condition of the premises. .Judgment affirmed.””

   1 later decision quote this exact passage · from the majority
   e.g. Eichhorn v. Central R. R. of New Jersey