2 Wash. App. 643 - McDermott v. Kaczmarek’s Empirical Analysis
1970
Citation profile
3 federal appellate · 25 state decisions
How this case has been cited
Cited by 28 later decisions — most recently April 2024 · most notably 124 Wash. 2d 121 - Tincani v. Inland Empire Zoological Society (1994), State v. Roggenkamp (2005)
3 federal appellate · 25 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 McHugh Et Ux. v. Reading Co. · 65 Wash. 2d 827 - Krystad v. Lau · Orr Ditch & Water Co. v. Justice Court of Reno Township · In Re Tyler's Estate · Barnhart v. Chicago, Milwaukee & St. Paul Railway Co.
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““No danger is more commonly realized or risk appreciated, even by children, than that of falling; consciousness of the force of gravity is almost from animal instinct. Certainly a normal child nearly seven years of age — indeed any child old enough to be allowed at large — knows that if it steps or slips from a tree, a fence, or other elevated structure, it will fall to the ground and be hurt. It may be that some children, while realizing the danger, will disregard it out of the spirit of bravado, or because, to use the language of the Restatement, of their ‘immature recklessness,’ but the possessor of land is not to be visited with the responsibility for accidents due to this trait of children of the more venturesome type.” 346 Pa. at 269 , 30 A.2d at 123 .”
2 later decisions quote this exact passage“[i]t is ... familiar policy in the construction of terms of a statute to take into consideration the meaning naturally attaching to them from the context, and to adopt the sense of the words which best harmonizes with the context.”
2 later decisions quote this exact passage“§ 339 Artificial Conditions Highly Dangerous to Trespassing Children A possessor of land is subject to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land if (a) The place where the condition exists is one upon which the possessor knows or has reason to know that the children are likely to trespass, and (b) the condition is one of which the possessor knows or has reason to know and which he realizes or should realize will involve an unreasonable risk of death or serious bodily harm to such children, and (c) the children because of their youth do not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it, and (d) the utility to the possessor of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to children involved, and (e) the possessor fails to exercise reasonable care to eliminate the danger or otherwise to protect the children.[ [2] ]”
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.