Allen v. Dackman’s Empirical Analysis

Citation profile

8 district · 28 state decisions

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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Supreme Court of North Carolina reached a similar conclusion in Bell . In Bell , the defendant failed to erect a fence around his swimming pool in violation of a municipal ordinance. A child, who was trespassing on the defendant’s property, drowned in the pool. The court recognized that the defendant would have owed a limited duty to the child under the common law. Regardless, the court held that the defendant should be held to the higher duty established by the ordinance because the ordinance’s “primary purpose and intent ... was to provide protection for children without reference to whether they were legally entitled to use the pool.””

   2 later decisions quote this exact passage
   e.g. Paul v. Blackburn Ltd. Partnership · Blackburn Ltd. Partnership v. Paul

2. “a plaintiff may establish a prima facie case of negligence by showing: ‘(a) the violation of a statute or ordinance designed to protect a specific class of persons which includes the plaintiff, and (b) that the violation proximately caused the injury complained of.’”

   2 later decisions quote this exact passage
   e.g. C & M Builders, LLC v. Strub · Blackburn Ltd. Partnership v. Paul

3. “Any person who is either an owner or operator of a property subject to this Code shall be responsible for compliance with all of the provisions of this Code. No owner or operator shall be responsible for compliance with Chapter 9, “Responsibilities of Occupants”, unless that person also is an occupant of the property. Where, such as in Chapter 10, this Code states a responsibility to be that of the owner, it shall also be that of any person who is an operator of the property in his behalf. An owner shall be held liable for all violations of this Code, in connection with any land, buildings, structure, or matter or thing owned or operated by him, and for any expenses incurred by the Mayor and City Council pursuant to Sections 302, 303, or 311 of this Code.”

   1 later decision quote this exact passage
   e.g. Toliver v. Waicker