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← 298 F.1d 693 - Fraser v. Kruger

Fraser v. Kruger’s Empirical Analysis

298 F. 693 · 1924

Citation profile

15
cited by 15 later decisions
5
states following
January 1963
most recently cited

6 federal appellate · 2 district · 7 state decisions

How this case has been cited

Cited by 15 later decisions — most recently January 1963

6 federal appellate · 2 district · 7 state decisions

5019241930194019501960decided

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 Perez v. Rabaud · Hines v. Willcox · Willcox v. Hines · Franklin v. Tracy · Morgan v. Sheppard

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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““Where premises are leased for public or semipublie purposes, and at the time of the lease conditions exist on the premises which render them unfit for the purpose intended or constitute a nuisance, and the landlord knows or by the exercise of reasonable care ought to know of the conditions, and a third person suffers injuries on account thereof, the landlord is held liable because such, third person is there at the invitation of the landlord as well as the tenant. Colorado Mortgage & Investment Co. v. Giacomini, 55 Colo. 540 , 136 P. 1039 , L. R. A. 1915B, 364; note L. B. A. 1915B, 364. “The landlord is also liable, as owner of the leased premises, to third persons, who do not derive their right to be where they are from the tenant, but stand strictly on their rights as strangers, and who suffer injuries from a nuisance existing on the premises at the time of the letting. Maloney v. Hayes, 206 Mass. 1 , 91 N. E. 911 , 28 L. R. A. (N. S.) 200 , 3 N. C. C. A. 137; 16 R. C. L. p. 1074, § 593. “And where the nuisance is one which is dangerous to the general public, to persons not upon the premises, a lease of the premises does not relieve the landlord but the duty continues as to such persons so long as the nuisance remains unabated. But where the nuisance involves no danger to persons off of the premises and a tenant has taken possession and control thereof under a lease for private purposes, the owner has no further right to invite persons to go upon, the premises, and guests,”
    1 later decision quote this exact passage · from the majority

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.