Slinker v. Wallner’s Empirical Analysis

Citation profile

2 federal appellate · 10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A possessor of land is subject to liability for bodily harm to young children trespassing thereon caused by a structure or other artificial condition which he maintains upon the land, if “(a) the place where the condition is maintained is one upon which the possessor knows or should know that such children are likely to trespass, and “(b) the condition is one of which the possessor knows or should know and which he realizes or should realize as involving an unreasonable risk of death or serious bodily harm to such children, and “(c) the children because of their youth do not discover the condition or realize the risk involved in intermeddling in it or in coming within the area made dangerous by it, and “(d) the utility to the possessor of maintaining the condition is slight as compared to the risk to young children involved therein.””

   1 later decision quote this exact passage
   e.g. Hocking v. Duluth, Missabe & Iron Range Railway Co.

2. “In particular, the defendant is not required to anticipate and guard against the more unusual forms of infant deviltry which no reasonable man would foresee. If the condition which causes the harm is isolated and remote from the haunts of children, or is apparently inaccessible to them, as where it can be reached only by crawling a quarter of a mile through a pitch-dark conduit, he need not expect that they will reach it.”

   1 later decision quote this exact passage
   e.g. Croaker Ex Rel. Croaker v. MacKenhausen