Cooper v. Eberly’s Empirical Analysis

Citation profile

4 federal appellate · 10 district · 18 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As applied to the facts in this case the likelihood that a third person may open gate No. 6 and leave it open, thereby permitting Eberly’s horses to escape, makes Eberly’s conduct in failing to padlock gate No. 6 and in failing to post ‘no hunting or trespassing’ signs to prevent the happening of such event negligent. It is immaterial whether the opening of gate No. 6 by a third person was innocent, negligent, intentionally tortious or criminal. “On the record here presented Eberly owed a duty to the plaintiffs to post his premises with ‘no hunting or trespassing’ signs and to padlock gate No. 6 which might be opened to unfenced adjacent land leading to a highway. Eberly’s failure to comply with such duties, and the happening of the very event the likelihood of which made his conduct negligent, subjects him to liability.” (pp. 665-666.)”

   1 later decision quote this exact passage · from the majority
   e.g. Citizens State Bank v. Martin

2. ““ ‘As used in the Statute, “running at large” is the strolling, without restraint or confinement, as wandering, roving and rambling at will without restraint. Suffering or permitting an animal to go at large implies knowledge, consent, or willingness on the part of the owner, or such negligent conduct as is equivalent thereto; but does not comprehend a case where animals escape from their owner, after due precaution to secure them has been taken, and without fault or negligence on his part, and he makes immediate and suitable efforts to recover them.’ ” Cooper v. Eberly, 211 Kan. at 668 ; Clark v. Carson, 188 Kan. at 265 .”

   1 later decision quote this exact passage · from the majority
   e.g. 10 Kan. App. 2d 597 - Walborn v. Stockman

3. ““Negligence is not actionable unless it involves the invasion of a legally protected interest, the violation of a right. In every instance before an act is said to be negligent, there must exist a duty to the individual complaining, and the observance of which would have averted or avoided the injury. The plaintiff who sues his fellow-man sues for a breach of duty owing to himself. The victim does not sue derivatively, or by right of subrogation, to vindicate an interest invaded in the person of another.””

   1 later decision quote this exact passage · from the majority
   e.g. Schmeck v. City of Shawnee