Busch v. Gaglio’s Empirical Analysis
1966
Citation profile
3 federal appellate · 16 state decisions
How this case has been cited
Cited by 19 later decisions — most recently March 1995
3 federal appellate · 16 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 Pettyjohn & Sons v. Basham · Bradshaw v. Minter · Raven Red Ash Coal Co. v. Griffith · Baecher v. McFarland · Lunsford's Administrator v. Colonial Coal & Coke Co.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A different rule applies where a guest is injured by reason of the activities of the host which may constitute active or affirmative negligence as distinguished from passive negligence, that is, the condition of the premises. Where the activities of the host are involved, the tests should be one of reasonable care under the circumstances .... [I]n cases involving injury resulting from active conduct (emphasis original), as distinguished from conditions of the premises, the landlord or possessor may be liable for failure to exercise ordinary care towards a licensee whose presence on the land is known or should reasonably be known to the owner or possessor.”
1 later decision quote this exact passage · from the majoritye.g. Underwood v. Bailey“"A possessor of land is subject to liability for physical harm caused to licensees by a condition on the land if, but only if, "( a ) the possessor knows or has reason to know of the condition and should realize that it involves an unreasonable risk of harm to such licensees, and should expect that they will not discover or realize the danger, and "( b ) he fails to exercise reasonable care to make the condition safe, or to warn the licensees of the condition and the risk involved, and "( c ) the licensees do not know or have reason to know of the condition and the risk involved."”
1 later decision quote this exact passage · from the majoritye.g. Ralls v. Caliendo“A possessor of land is liable for bodily harm caused to a gratuitous licensee by a natural or artificial condition thereon, only if the possessor knows of the condition and realizes that it involves an unreasonable risk to the licensee and has reason to believe that the licensee will not discover the condition or realize the risk and permits him to enter or remain on the land without exercising reasonable care to make the condition reasonably safe or to warn him of the condition and risk involved ....”
1 later decision quote this exact passage · from the majoritye.g. Underwood v. Bailey
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.