Dehmel v. Smith’s Empirical Analysis

Citation profile

2 federal appellate · 5 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. ““The case is one in which the doctrine of res ipsa loquitur applies. The proof that Mrs. Dehmel was injured by the unusual descent of the elevator ‘raised a presumption of negligence on the part of the defendant, and cast upon it (him) the burden of showing-that it (he) took all the precautions to safeguard those whom it (he) carried which the law required it (him) to take.’ The elevator is a common carrier of passengers, and the degree of care and skill required for the safety of its passengers in its operation and maintenance was the highest ‘reasonably to be expected from human vigilance and foresight in view of the character of the conveyance and consistent with the practical operation of the business.’ Dibbert v. Metropolitan Inv. Co. 158 Wis. 69 , 147 N. W. 3 . Under these rules the defendant had the burden of proving performance of its duty respecting inspection. and repairs, which it successfully bore, and of proving either that the operator of the elevator used due care and skill, — that is, that he did not do anything that caused or failed to do anything that would have prevented the drop, — or that the dropping was beyond the power of the operator to prevent by the exercise of due care and skill.””

   1 later decision quote this exact passage
   e.g. Implement Dealers Mutual Fire Insurance v. Golden