Kuhns v. Brugger’s Empirical Analysis
1957
Citation profile
22 federal appellate · 2 district · 202 state decisions
How this case has been cited
Cited by 238 later decisions (2 by the Supreme Court) — most recently March 2023 · most notably Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc. (1968), Mascaro v. Youth Study Center (1987)
22 federal appellate · 2 district · 202 state decisions — followed in 23 states
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 Milwaukee and Saint Paul Railway Company v. Kellogg · Right to Choose v. Byrne · Blue Anchor Overall Co. v. Pennsylvania Lumbermens Mutual Insurance · Jinks v. Currie · Armstrong & Latta v. City of Philadelphia
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 238 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The possession of this loaded Colt pistol did not constitute Bach an insurer against liability for injuries arising from its use nor render him liable without fault; it did, however, impose upon him a very serious and grave responsibility. Its possession placed upon him the duty of exercising not simply ordinary, but extraordinary care so that no harm might be visited upon others. * * * [W]e are simply to determine the degree of care imposed upon the possessor of a loaded pistol, a weapon possessing lethal qualities, under the circumstances. In this connection the language of Mr. Justice Gibson in Sullivan v. Creed, 2 (Ir.) K.B.D. 317, 2 BRC 139, is appropriate: `A hatchet, a bottle of poison labeled "poison", the same bottle unlabeled, a loaded gun, gunpowder, or dynamite, all represent articles of varying degree of danger, and the greater the danger the higher is the standard of the diligence which the law exacts.'"”
9 later decisions quote this exact passage“... we place minors in three categories based on their ages: minors under the age of seven years are conclusively presumed incapable of negligence; minors over the age of fourteen years are presumptively capable of negligence, the burden being placed on such minors to prove their incapacity; minors between the ages of seven and fourteen years are presumed incapable of negligence, but such presumption is rebuttable and grows weaker with each year until the fourteenth year is reached.”
9 later decisions quote this exact passage“Any loaded firearm * * * is a highly dangerous instrumentality and, since its possession or use is attended by extraordinary danger, any person having it in his possession or using it is bound to exercise extraordinary care. A person handling or carrying a loaded firearm in the immediate vicinity of others is liable for its discharge, even though the discharge is accidental and unintentional, provided it is not unavoidable.”
2 later decisions 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.