Evers v. Westerberg’s Empirical Analysis
1972
Citation profile
10 state decisions
How this case has been cited
Cited by 12 later decisions — most recently September 2008
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 Murrain v. Wilson Line, 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]t is well settled that a municipality, acting in its governmental capacity for the protection of the general public, cannot be cast in damages for a mere failure to furnish adequate protection to a particular individual to whom it has assumed no special duty. The Village’s alleged failure to enforce its regulations and the Vehicle and Traffic Law by arresting [the driver] for intoxication, taking his ear keys or impounding his automobile falls squarely within this rule of nonliability. It owed no special duty to [the plaintiff or her husband] and through its officers, did not take any affirmative action which resulted in injury to a member of the public.”
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.