Schulze v. Allison’s Empirical Analysis

Citation profile

6 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. ““When the fact of bailment and the return of the bailed property in a wrecked condition was admitted, the burden then shifted to the defendants to show a cause for the wreck which did not result from their failure to use ordinary care. Wheeler v. Packard Oklahoma Motor Co., 169 Okl. 272 , 38 P.2d 943 ; Agricultural Ins. Co. v. Constantine, 144 Ohio St. 275 , 58 N.E. 2d 658 . And in determining the question of failure to use ordinary care arising from bailee’s failure to redeliver, their explanation of the circumstances surrounding such failure and any evidence offered to rebut such explanation, all should be considered and weighed by the trier of the facts.””

   1 later decision quote this exact passage
   e.g. City of Enid v. Reeser

2. ““It is the duty of the bailee in a contract of bailment for hire to exercise due care to prevent loss of or damage to the bailed property, and for failure to exercise such care the bail-ee is liable for any resulting loss or damage. Where the bailee fails to re deliver the property upon a legal demand therefor, a right of action accrues in favor of the bailor. It is generally recognized under such circumstances that the bailor may bring an action based upon breach of contract or upon negligence. * * * ””

   1 later decision quote this exact passage
   e.g. Parkade Corp. v. Locke

3. ““The operator of a public parking lot as bailee for hire for the parking of automobiles for customers must exercise due care to return bailed property-in as good condition as when received.””

   1 later decision quote this exact passage
   e.g. Meyer v. Moore