Van Kirk v. Butler’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “' “The reason wby the doctrine of the servant’s non-assumption of extraordinary risk has arisen, as an exception to the common-law rule of assumed risk, or accepted risk, as it is designated by some authors, may be said to rest primarily upon the consideration that, as the master has control of the conditions which affect the servant’s safety, he is the party who ought in fairness to be held responsible if those conditions are not such as a prudent man would maintain under the circumstances. It is ailso said that extraordinary risks are not assumed because tbey are not the natur'al and ordinary incidents of tbe servant’s work.””

   1 later decision quote this exact passage
   e.g. Leyba v. Albuquerque & Cerrillos Coal Co.

2. ““An ‘extraordinary risk,’ in tlie sense in which we use this term, is not one which is uncommon or unusual, in the sense that it is rare, hut is one that arises out of unusual conditions, not resulting in the ordinary course of the business, as, by reason of the master’s negligence.””

   1 later decision quote this exact passage
   e.g. Singer v. Swartz

3. ““A servant, engaging for the performance of specified services, takes upon himself the ordinary risks incident thereto.””

   1 later decision quote this exact passage
   e.g. Leyba v. Albuquerque & Cerrillos Coal Co.