Bartlett v. Taylor’s Empirical Analysis

Citation profile

10 federal appellate · 72 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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]t is ancient learning that one who assumes to act, even though gratuitously, may thereby become subject to the duty of acting carefully, if he acts at all.”

   2 later decisions quote this exact passage
   e.g. Teichman v. Potashnick Construction, Inc. · Berry v. Emery, Bird, Thayer Dry Goods Co.

2. “A plaintiff's knowledge of the physical characteristics of the offending instrumentality or condition does not, in itself, constitute contributory negligence. A voluntary exposure to known danger is an essential element of contributory negligence. Moreover, it is the appreciation of, or the opportunity to appreciate, the peril in an instrumentality or condition, rather than a knowledge of its physical characteristics, that bars a plaintiff of recovery for negligence. * * *.”

   1 later decision quote this exact passage
   e.g. Kroger Company v. Helen Doane

3. “* * * Though he may or should have some knowledge of the defective condition and repairs and should, therefore, have some apprehension of the hazard of using the door, yet he is not guilty of contributory negligence as a matter of law unless it can be said `that no reasonably prudent person would have done as he did under the circumstances.' Cento v. Security Bldg. Co., Mo.Sup., 99 S.W.2d 1 , 6.”

   1 later decision quote this exact passage
   e.g. Coats v. Sandhofer