Maenner v. Carroll’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 53 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ In what particular sense it was used by the pleader is not altogether certain. It may be for aught that appears on the face of these counts that the defendants permitted the excavation by their mere silence and failure to interfere, or by not taking active measures to prohibit the making of the excavation over the lot and across the highway. When there is want of certainty in the allegation of a pleading, the general rule is that the sense of the averment is to be taken most strongly against the pleader (Chit. Pl. 237, 238), and giving to the defendant the benefit of this rule, the counts under consideration fail to state a sufficient cause of action.””

   1 later decision quote this exact passage · from the majority
   e.g. Arms v. City of Knoxville

2. ““If a landlord demise premises which are not in themselves a nuisance, but may or may not become such, according to the manner in which they are used by the tenant, the landlord will not be liable' for a nuisance created on the premises by the tenant. He is not responsible for enabling the tenant to commit a nuisance, if the latter should think proper to do so [citing Owings v. Jones, 9 Md. 108 ; Rich v. Basterfield, 4 Com. B. 805, 56 Eng. Com. L. 782], In such case it may be said, in one sense, that the landlord permitted the tenant to create the nuisance, but not in suck sense as to render him liable.””

   1 later decision quote this exact passage · from the majority
   e.g. Midland Oil Co. v. Thigpen