36 Cal. App. Supp. 2d 767 - Roberts v. Casey’s Empirical Analysis
1939
Citation profile
19 state decisions
How this case has been cited
Cited by 22 later decisions (1 by the Supreme Court) — most recently July 2018
19 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 Green v. T. A. Shoemaker & Co. · 229 Mo. App. 789 - Marden v. Radford · Mathews v. Livingston · White v. Maynard · 114 Cal. App. 192 - Stone v. City of Los Angeles
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““While in their broad lines the distinctions between tenants on the one hand and mere guests or lodgers on the other are entirely clear yet in some classes of establishments their tendency is to shade into each other, and, therefore, attention has to be given to the detailed criteria that must be relied on to decide into which class given individuals fall. * * * “In determining, then, what was, in legal contemplation, the status of the parties in their relations with each other, it is manifest that the result cannot be said to depend on any one factor, as being decisive. It is rather a question of which direction the general effect of the various tests that have been applied, after weighing opposing ones against each other, can be said to take. It is not a question of what the relation would be if considered in some isolated aspect, but rather what is its dominant charaeer. * * * “Though we treat the question, however, not as one of fact merely but as one of mixed law and fact, it is still clear that an appellate tribunal is only justified in overruling the view taken by a trial court if the factors that enter into the relation, and mark it as of the character opposite to that found by the lower Court, so dominate the situation as to clearly nullify the effect of the factors opposed to them.””
1 later decision quote this exact passagee.g. Lambert v. Sine“... became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant or employer and employee or principal and agent or licensor and licensee has been lawfully terminated.”
1 later decision quote this exact passagee.g. Chan v. Antepenko“so soon as a guest or lodger has, either by default in making payments due or otherwise, breached his contract he may by appropriate proceedings be ousted without the requirement of any advance notice.”
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.