Thompson v. Weaver’s Empirical Analysis

Citation profile

2 federal appellate · 6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * The statute makes no distinction whether a plaintiff's implied assumption of risk is regarded as a form of negligence on his part or whether his implied assumption of the risk is claimed to excuse defendant for risks that would be his `fault' vis-a-vis other persons in plaintiff's position. Implied assumption of the risk is abolished as a basis for barring recovery on either theory." (Emphasis supplied.) Thompson v. Weaver, supra, 277 Or. at 304 , 560 P.2d 620 .”

   1 later decision quote this exact passage
   e.g. Blair v. Mt. Hood Meadows Development Corp.

2. “plaintiff has agreed to join in an activity (such as a sporting event) in which the particular hazard is a known element of the activity even when properly conducted, i.e., when dangerous conduct that would be `fault' in other contexts is not fault at all.”

   1 later decision quote this exact passage
   e.g. Blair v. Mt. Hood Meadows Development Corp.