Capps v. McCarley & Co.’s Empirical Analysis
1976
Citation profile
2 federal appellate · 10 state decisions
How this case has been cited
Cited by 14 later decisions — most recently September 2019
2 federal appellate · 10 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 McDonald v. Hickman · Price v. Daugherty · Spradlin v. Klump
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“ASSUMPTION OF RISK-GENERAL -contends that_ assumed the risk of his own (injuries) (damages). To establish that defense,_has the burden of proving each of the following propositions: First: That a dangerous situation existed which was inconsistent with the safety of (-) (and) (-’s property). Second: That_knew the dangerous situation existed and realized the risk of (injury) (damage) from it. (In determining whether-knew of the dangerous situation and realized the risk of (injury) (damage) from it you may take into consideration whether the danger was (open and) (obvious.) Third: That _ voluntarily exposed himself to the dangerous situation which proximately caused his claim (injuries) (damages).”
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.