Wolf v. Graber’s Empirical Analysis
1981
Citation profile
2 federal appellate · 22 state decisions
Relationships
Relies on Schmeling v. Jorgensen · Miller v. Baken Park, Inc. · 450 F. Supp. 1040 - Williams v. United States · Miller v. Baken Park, Inc. · Leslie v. City of Bonesteel
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is well-established that in order to support an assumption of the risk defense under South Dakota law, the defendant must show that the plaintiff not only had knowledge of the existence of the danger involved (actual or constructive), and an appreciation of its character, but additionally, that he voluntarily accepted such risk, i. e., [the plaintiff] had a sufficient amount of time, knowledge, and experience to make an intelligent choice.”
1 later decision quote this exact passage“Ordinarily, questions of negligence, contributory negligence and assumption of risk are for the jury, provided there is evidence to support them.”
1 later decision quote this exact passage“ISSUE Did the trial court erroneously instruct the jury thereby potentially limiting appellants’ recovery of damages? We hold that it did.”
1 later decision quote this exact passagee.g. Atyeo v. Paulsen
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.