Davis v. Tredwell’s Empirical Analysis
1943
Citation profile
3 federal appellate · 10 state decisions
How this case has been cited
Cited by 13 later decisions — most recently August 1992
3 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 Kapuscianski v. Philadelphia & Reading C. & I. Co. · Parker v. Matheson Motor Car Co. · Green v. Brooks · Zondler v. Foster Mfg. & Supply Co. · Kremposky v. Mt. Jessup Coal Co.
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.
“The court below properly refused to charge the jury . . . `that the plaintiff . . . is merely a licensee on the premises . . . and that [defendant] could only be liable for wilful or wanton negligence'. This point overlooked the facts and also the legal distinction between harm caused by active negligence and that arising from natural or artificial conditions on real property. . . . The owner of the property owes even to a licensee a duty to use reasonable care to avoid injuring him through active negligence: Kremposky v. Mt. Jessup Coal Co., Ltd., 266 Pa. 568 , 109 A. 766 ; Kapuscianski et al. v. Phila. & R.C. & I. Co., 289 Pa. 388, 391 , 137 A. 619 .”
1 later decision quote this exact passage“Where the facts are in dispute or more than one inference can be drawn therefrom, the issue whether or not the servant was acting for the defendant and within the scope of his employment is for the jury and the surrounding facts and circumstances are to be considered by the jury in this inquiry.”
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.