Evanson v. Jerowski’s Empirical Analysis
1976
Citation profile
2 federal appellate · 11 state decisions
How this case has been cited
Cited by 13 later decisions — most recently April 2003
2 federal appellate · 11 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 Springrose v. Willmore · Lovejoy v. Minneapolis-Moline Power Implement Co. · Schrader v. Kriesel · Majerus v. Guelsow · Orwick v. Belshan
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Basic to the defense [of primary assumption of risk] “is the manifestation of consent to relieve a defendant of the obligation of reasonable conduct. * * * * * * It is not every deliberate encountering of a known danger which is reasonably to be interpreted as evidence of such consent. The jaywalker who dashes into the street in the middle of the block, in the path of a stream of cars driven in excess of the speed limit, certainly does not manifest consent that they shall use no care and run him down. On the contrary, he is insisting that they shall take immediate precautions for his safety; and while this is certainly contributory negligence, it is not assumption of the risk. This is undoubtedly the most frequent errors of attorneys, and even of the courts, in dealing with the defense.””
1 later decision quote this exact passage““Assumption of risk is voluntarily placing (oneself) (one’s property) in a position to chance known hazards. To find that a person assumed the risk you must find: “1. That he had knowledge of the risk. “2. That he appreciated the risk. “3. That he had a choice to avoid the risk or chance it and voluntarily chose to chance it.” (Italics supplied.)”
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.