Harvey v. Seale’s Empirical Analysis
1962
Citation profile
4 federal appellate · 35 state decisions
How this case has been cited
Cited by 40 later decisions — most recently December 2008 · most notably County of Cameron v. Brown (2002), State Department of Highways & Public Transportation v. Payne (1992)
4 federal appellate · 35 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 Renfro Drug Co. v. Lewis · Robert E. McKee, General Contractor v. Patterson · Houston National Bank v. Adair · Walgreen Texas Co. v. Shivers · Marshall v. San Jacinto Bldg., Inc.
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A landowner is not under an absolute duty to change his methods of operation, alter the condition of the premises, or make other special preparations for the safety of such a visitor. All the latter can expect is knowledge of actual conditions that will be encountered so he may determine whether to avail himself of the landowner’s consent. The duty of a landowner to his licensee or invitee is fully discharged than by a complete disclosure of the danger. And there is no duty whatsoever with respect to conditions that are so open and obvious, with the dangers therein so apparent, that the same are or should be known to and appreciated by the visitor. One who has no right to enter except by virtue of the landowner’s consent can remain off the premises if he does not wish to subject himself to the risk of injury from such conditions. Where he has an opportunity to exercise an intelligent choice as to whether the advantage to be gained by his entry is sufficient to justify his incurring the risk, the landowner owes him no further duty of protection from harm. * * * “Here petitioner’s right to enter and remain on the premises does not arise from permission granted or an invitation extended by respondent. By virtue of her father’s lease, she was entitled to be on the front porch of her home without regard to respondent’s consent. Respondent was not privileged, therefore, to adopt a ‘take it or leave it’ attitude, and his duty to petitioner was not fully discharged when she learned ”
4 later decisions quote this exact passage“The tort duty arises from lessors' ability to make repairs and his control over them, and it is not necessary for the plaintiff to establish that the covenant to repair was made for the purpose of preventing personal injury....”
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.