Everett Ex Rel. Everett v. White’s Empirical Analysis
1965
Citation profile
1 district · 20 state decisions
How this case has been cited
Cited by 23 later decisions — most recently August 2007
1 district · 20 state decisions
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 Railroad Company v. Stout · Bridger v. Asheville & Spartanburg Railroad · Franks v. Southern Cotton Oil Co. · Hancock v. Aiken Mills, Inc. · Sexton v. Noll Const. Co.
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.
““We are committed to the view that the owner or occupier of land may be liable for injuries to children of tender years, whether licensees or trespassers, in either of two situations. We quote from Everett, supra, 245 S. C. 331, 140 S. E. (2d) 582 : “ ‘While the decision in the Franks case, supra [Franks v. Southern Cotton Oil Co.], 78 S. C. 10, 58 S. E. 960 , 12 L. R. A., N.S., 468, is usually regarded as resting upon the attractive nuisance doctrine, the following excerpt from Thompson on Negligence, which states that doctrine and the alternative ground of recovery to which we have referred, was quoted with approval in the opinion: “ ‘ “* * * We now come to a class of decisions which hold the landowner liable in damages in the case of children injured by dangerous things suffered to exist unguarded on his premises, where they are accustomed to come with or without license. These decisions proceed on one or the other of two grounds: (1) That where the owner or occupier of grounds brings or artificially creates something thereon which from its nature is especially attractive to children, and which at the same time is dangerous to them, he is bound, in the exercise of social duty and the ordinary offices of humanity, to take reasonable pains to see that such dangerous things are so guarded that children will not be injured by coming in contact with them. (2) That although the dangerous thing may not be what is termed an ‘attractive nuisance’ — that is to say, may not have espe”
1 later decision quote this exact passage“there was testimony that the turntable was a dangerous machine; that it was left and located in an exposed place, easily accessible, unguarded, unfenced and unlocked and that the plaintiff was of that age when he was incapable of ... appreciating [its] danger.”
1 later decision quote this exact passage“[p]arallel with the attractive nuisance doctrine.”
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.