Howard v. Rogers’s Empirical Analysis

Citation profile

1 federal appellate · 73 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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[w]here an occupier of premises for business purposes does not, and could not in the exercise of ordinary care, know of a danger 9 SUPREME COURT OF OHIO which causes injury to his business invitee, he is not liable therefore.”

   6 later decisions quote this exact passage
   e.g. 39 Ohio App. 2d 5 - Townsley v. Cincinnati Gardens, Inc. · Simpson v. Big Bear Stores Co.

2. ““An occupier of premises for business purposes may be subject to liability for harm caused to a business invitee by the conduct of third persons that endangers the safety of such invitee, just as such an occupier may be subject to liability for harm caused to such invitee by any dangerous condition of those premises.””

   5 later decisions quote this exact passage
   e.g. 8 Ohio App. 3d 256 - Rodger v. McDonald's Restaurants of Ohio, Inc. · 65 Ohio App. 3d 817 - Rush v. Lawson Co.

3. “Since the possessor is not an insurer of the visitor's safety, he is ordinarily under no duty to exercise any care until he knows or has reason to know that the acts of the third person are occurring, or are about to occur. He may, however, know or have reason to know, from past experience, that there is a likelihood of conduct on the part of third persons in general which is likely to endanger the safety of the visitor, even though he has no reason to expect it on the part of any particular individual. ***”

   3 later decisions quote this exact passage
   e.g. 8 Ohio App. 3d 256 - Rodger v. McDonald's Restaurants of Ohio, Inc. · Simpson v. Big Bear Stores Co.