Kappenman v. Klipfel’s Empirical Analysis

Citation profile

1 district · 11 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The interpretation of a statute is a question of law. Baukol Builders, Inc. v. County of Grand Forks, 2008 ND 116, ¶ 22 , 751 N.W.2d 191 . This Court’s primary objective in interpreting a statute is to ascertain legislative intent. Id. Words of a statute are given their plain, ordinary, and commonly understood meaning unless a contrary intention plainly appears. N.D.C.C. § 1-02-02. Statutes are construed as a whole and are harmonized to give meaning to related provisions. N.D.C.C. § 1-02-07. If the language of a statute is clear and unambiguous, ‘the letter of [the statute] is not to be disregarded under the pretext of pursuing its spirit.’ N.D.C.C. § 1-02-05. If the language of a statute is ambiguous, however, a court may resort to extrinsic aids to interpret the statute. N.D.C.C. § 1-02-39. Statutes must be construed to avoid absurd and ludicrous results. County of Stutsman v. State Historical Soc’y, 371 N.W.2d 321, 325 (N.D.1985).””

   1 later decision quote this exact passage
   e.g. M.M. v. Fargo Public School District No. 1

2. “Subject to the provisions of section 53-08-05, an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby: 1. Extend any assurance that the premises are safe for any purpose; 2. Confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or 3. Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.”

   1 later decision quote this exact passage
   e.g. Schmidt v. Gateway Community Fellowship

3. “A nuisance consists in unlawfully doing an act or omitting to perform a duty, which act or omission: 1. Annoys, injures, or endangers the comfort, repose, health, or safety of . others; [[Image here]] 4. In any way renders other persons insecure in life or in the use of property-”

   1 later decision quote this exact passage
   e.g. Ceynar v. Barth