Public-domain · open source
OpenJurist
← 229 Minn. 436 - Despatch Oven Co. v. Rauenhorst

Despatch Oven Co. v. Rauenhorst’s Empirical Analysis

1949

Citation profile

66
cited by 66 later decisions
2
states following
March 2022
most recently cited

5 federal appellate · 12 district · 31 state decisions

How this case has been cited

Cited by 66 later decisions — most recently March 2022 · most notably Employers Liability Assurance Corp. v. Morse (1961), Lovejoy v. Minneapolis-Moline Power Implement Co. (1956)

5 federal appellate · 12 district · 31 state decisions

200194919501960197019801990200020102020decided

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 Christianson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co. · Boylston Housing Corp. v. O'Toole · Skelly v. Bristol Savings Bank · Czarnikow-Rionda Co. v. Federal Sugar Refining Co. · Bekkevold v. Potts

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

  1. “damages such as arise naturally in the usual course of things from the breach itself.”
    3 later decisions quote this exact passage
  2. ““* * * It is axiomatic that an act or omission is not negligent unless the actor has knowledge or notice that it involves danger to others. Duty to exercise care is dictated and measured by the exigencies of the occasion as they are or should be known to the actor; and if no harm should be anticipated as a consequence of the act there is no negligence. Rue v. Wendland, 226 Minn. 449 , 33 N. W. (2d) 593 ; 4 Dunnell, Dig. & Supp. §§ 6970, 6972. As said in Chris- tianson v. C. St. P. M. & O. Ry. Co. 67 Minn. 94, 97 , 69 N. W. 640 , 641: “ * * If a person had no reasonable ground to anticipate that a particular act would or might result in any injury to anybody, then, of course, the act would not be negligent at all; * * ””
    1 later decision quote this exact passage
  3. ““To begin with, the word ‘assume’ etymologically means to take upon one’s self, and when used in law with respect to a liability, as, for example, to assume a liability, it means to become personally liable therefor by paying or otherwise discharging it. Kirk v. Welch, 212 Minn. 300 , 3 N.W.2d 426 ; Springer v. DeWolf, 194 Ill. 218 , 62 N.E. 542 , 56 L.R.A. 465 , 88 Am.St.Rep. 155 ; Texas Employers’ Ins. Assn. v. Texas & P. Ry. Co., Tex.Civ.App., 129 S.W.2d 746 ; Lenz v. C. & N. W. Ry., 111 Wis. 198 , 86 N.W. 607 . The use of the negative — assumes no liability — is indicative of an intention that the party shall not become liable.” (p. 443, 40 N.W.2d 78 .)”
    1 later decision quote this exact passage

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.