McNally v. Goodenough’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We need not determine whether the facts might warrant a finding that plaintiff was a frequenter when he was walking on the direct route from the roof through the back door to the front of the store to consult [the defendant], and on the direct way back to the alley and roof. For present purposes we may assume that he was then a frequenter, on the theory that he reasonably took that route as an incident to the repair job requested by [the defendant]. When plaintiff deviated from the direct path and turned into the vestibule at the head of the stairs he became a trespasser as a matter of law and he was a trespasser when hurt on the stairway. On no theory did plaintiff have any right to be in the vestibule or to use the stairway. Nothing connected with his work required or justified his presence there. He had no privilege to be there created by the [defendant's] consent or otherwise, and hence was a trespasser. The fact that he did not intend to use the stairway, hut was confused and did so by mistake, does not prevent its being a trespass. [Emphasis added.]”

   1 later decision quote this exact passage
   e.g. 179 Wis. 2d 758 - Monsivais v. Winzenried

2. ““. . . Every employer shall furnish employment which shall be safe for the employes therein and shall furnish a place of employment which shall be safe for employes therein and for frequenters thereof and shall furnish and use safety devices and safeguards, and shall adopt and use methods and processes reasonably adequate to render such employment and places of employment safe, and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employes and frequenters. Every employer and every owner of a place of employment or a public building now or hereafter constructed shall so construct, repair or maintain such place of employment or public building as to render the same safe.””

   1 later decision quote this exact passage
   e.g. 92 Wis. 2d 210 - Aetna Casualty & Surety Co. v. Becker Construction Co.

3. “reasonably . . . incident to the repair job requested by [the defendant],”

   1 later decision quote this exact passage
   e.g. 179 Wis. 2d 758 - Monsivais v. Winzenried