Burkert v. Smith’s Empirical Analysis
1977
Citation profile
8 federal appellate · 2 district · 21 state decisions
How this case has been cited
Cited by 31 later decisions — most recently September 2010 · most notably Menish v. Polinger Company (1976), Austin v. Buettner (1956)
8 federal appellate · 2 district · 21 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 Dickey v. Hochschild, Kohn & Co. · Yaniger v. Calvert Bldg. & Construction Co. · Long v. Joestlein · Chalmers v. Great Atlantic & Pacific Tea Co. · Delmore v. Polinsky
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Although no mention was made by the trial court of the question of the defendants’ primary -negligence, it was argued in the briefs and orally in this court. The question is necessarily involved in an examination of the Circuit Court’s action, for even if it should be found to have been in error in holding the plaintiff guilty of contributory negligence the action may still not be disturbed if there was no sufficient evidence of the defendants’ negligence to require submission to the jury. Accordingly, our inquiry is as to both primary and contributory negligence.””
1 later decision quote this exact passage · from the majority““There is no duty on the part of a shopkeeper to give warning of the presence of an ordinary flight of stairs in broad daylight, or to guard the necessary access to it, even if there is a crowd in his shop. * * * Every one who is on an upper story knows that there probably are stairs from it somewhere, and must look out for them.””
1 later decision quote this exact passage · from the majority
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.