Pulka v. Edelman’s Empirical Analysis
1976
Citation profile
28 federal appellate · 3 district · 14 state decisions
How this case has been cited
Cited by 155 later decisions — most recently August 2018 · most notably McCarthy v. Olin Corp. (1997), Hill v. Yaskin (1977)
28 federal appellate · 3 district · 14 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.
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 155 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]n a case which raises ... traditional negligence law queries ... the answers are still to be found in the principle so pungently phrased by Cardozo that “[t]he risk reasonably to be perceived defines the duty to be obeyed, and risk imports relation.” Or, as it is spelled out more precisely in the English ease that is the progenitor of the foreseeability principle, “[Wjhenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that if he did not use ordinary care and skill in his own conduct with regard to the circumstances he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such danger.””
3 later decisions quote this exact passage“That in this particular case there was evidence that no significant precautionary measures were taken to prevent the negligent conduct of its patrons does not justify the imposition of any duty. Although it is reasonable to require one person to be responsible for the negligent conduct of another in some instances, it is unreasonable to impose that duty where the realities of every day experience show us that, regardless of the measures taken, there is little expectation that the one made responsible could prevent the negligent conduct.”
1 later decision quote this exact passage“[t]he common-law duty of reasonable care to those within the ambit of foreseeable danger requires no buttressing by legislative enactment; nor does the absence of such legislation in the present instance exclude the possibility of liability.”
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.