Schilling v. Stockel’s Empirical Analysis

Citation profile

6 federal appellate · 4 district · 63 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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[O]nce an act has been found to be negligent, we no longer look to see if there was a duty to the one who was in fact injured.”

   5 later decisions quote this exact passage
   e.g. 86 Wis. 2d 1 - Hartridge v. State Farm Mutual Automobile Insurance Co. · 183 Wis. 2d 627 - Bowen v. Lumbermens Mutual Casualty Co.

2. “[I]n cases so extreme that it would shock the conscience of society to impose liability, the courts may step in and hold as a matter of law that there is no liability.”

   3 later decisions quote this exact passage
   e.g. 183 Wis. 2d 627 - Bowen v. Lumbermens Mutual Casualty Co. · 159 Wis. 2d 518 - Rolph v. EBI Companies

3. “(1) The injury is too remote from the negligence; or (2) the injury is too wholly out of proportion to the culpability of the negligent tort-feasor; or (3) in retrospect it appears too highly extraordinary that the negligence should have brought about the harm; or (4) because allowance of recovery would place too unreasonable a burden on the negligent tort-feasor; or (5) because allowance of recovery would be too likely to open the way for fraudulent claims; or (6) allowance of recovery would enter a field that has no sensible or just stopping point.”

   1 later decision quote this exact passage
   e.g. 159 Wis. 2d 518 - Rolph v. EBI Companies