Kuemmel v. Vradenburg’s Empirical Analysis

Citation profile

5 federal appellate · 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Reasonable care required special construction to provide for the safety of those invited by the state to a place of public entertainment provided by itself. * * * “ ‘If a race cannot be held without inherent and extreme risk to life and limb, the command of the law is that it must not be held at all. ‘“[T]he greatest and most obvious source of danger from a nonprotected track was not guarded against except by a flimsy fence, which could not resist a powerful car, with tremendous momentum, in case it left the track, as the commissioners knew or should have known was liable and even likely to happen. * * * “ T hold the state liable for holding or permitting to be held on its own ground, under the circumstances disclosed by the evidence, such a fast race, with powerful cars, on an unprotected track, without the exercise of reasonable care to provide against accidents well known to be likely to happen.’ ””

   1 later decision quote this exact passage
   e.g. Luckey ex rel. Luckey v. Adams

2. ““Conformity with the uniform custom of persons engaged in a like business may be considered as evidence of proper care, but this does not preclude a showing that the custom itself is a negligent custom [Citing authorities]. That is not the case before us. * * * Just as conformity with custom may evidence freedom from negligence, nonconformity may evidence the presence of negligence. [Citing authorities]””

   1 later decision quote this exact passage
   e.g. Air Control Engineering, Inc. v. Hogan