237 Mo. App. 665 - Bullock v. Potashnick’s Empirical Analysis

Citation profile

1 district · 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Court of Appeals recognizes that Potashnick could be no more than an invitee on the premises of the railroad, but rules that such an invitee “has exclusive control of the ear and the grounds contiguous thereto necessary for the process of unloading” but that he is nevertheless subject to interruption and disturbance for the convenience of the railroad company in the transaction of its business there. Certainly that is not actually exclusive control as required by our decision in [ Sargent, supra ]. Surely it is contrary to many of our rulings defining the rights of an invitee (as not extending beyond the terms of his invitation) to say that he has exclusive possession of the premises to which he is invited for business purposes. Certainly [Potashnick’s] invitation to unload goods from a car consigned to him is not to take exclusive control of any part of the station railroad yards of a common carrier where many other people are likewise entitled to come as similar invitees at all times. Po-tashnick did not have a private unloading yard, and there is nothing here to indicate that any two cars, delivered at different times, would even be at the same place for unloading in the yards. If Section 3698(a) [R.S.Mo.1939, now § 287.040.1] can be construed to cover this situation, then it would seem that any independent drayman going upon railroad grounds to deliver goods to a merchant would be under the act, as working on or about the merchant’s premises.”

   1 later decision quote this exact passage
   e.g. Thieme v. Tour-Toiseshell, Inc.