Benefiel v. Walker’s Empirical Analysis

Citation profile

3 federal appellate · 11 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “All other jurisdictions that have considered the matter have excluded from the protection of the fireman's rule third parties whose negligent acts did not give rise to the emergency and who were not occupiers of the premises where the emergency arose and the injuries occurred.”

   2 later decisions quote this exact passage
   e.g. Gobble v. Montalvo · Melton v. Crane Rental Co.

2. “The assumption of risk doctrine employed in fire cases does not depend upon the existence of a spirit of venturesomeness in face of known danger, as is true in automobile negligence cases, but rather upon the relationsMp between die fireman and the public, from wMch arises his obligation to accept the usual risks of injury in undertaking to suppress fires without regard to whether or not they are caused by negligence.”

   1 later decision quote this exact passage
   e.g. Hudgins v. Holman

3. “it has not been the policy of the law of Virginia to facilitate litigation by such public officers as a means of compensating them for injuries received in the line of duty, but rather to impose that burden on the public generally, through workers' compensation and other benefits.”

   1 later decision quote this exact passage · from the dissent
   e.g. Goodwin v. Hare