Honan v. Kinney’s Empirical Analysis

Citation profile

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The general rule is that where there is no covenant or agreement by the lessor to keep the leased premises in repair he is not liable in tort to the tenant or his invitees for dangerous conditions or defects therein. But to this rule there is an exception that where there exists on the leased premises a hidden danger or trap known to the lessor but unknown to the tenant there is a duty on the lessor to disclose its existence to the tenant; failure so to do may constitute actionable negligence. This is the established law in this state by Ames v. Brandvold, 119 Minn. 521 , 138 N. W. 786 ; Keegan v. G. Heileman Brg. Co. 129 Minn. 496 , 152 N. W. 877, 878 , L. R. A. 1916F, 1149; Normandin v. Freidson, 181 Minn. 471 , 233 N. W. 14 . This exception to the general rule is thus stated in the Keegan case [129 Minn 500, 152 N. W. 878 , L. R. A. 1916F, 1149]: “cIi there is a concealed trap or danger on the premises at the time of the leasing and its existence is not obvious but is known to the lessor and unknown to the lessee, the lessor is in duty bound to disclose it, and he is liable for negligent failure so to do, even though he makes no covenant or contract to make repairs.’ ””

   1 later decision quote this exact passage
   e.g. Murphy v. Barlow Realty Co.