Public-domain · open source
OpenJurist
← 501 SW2D 459 - Davis v. Anderson

Davis v. Anderson’s Empirical Analysis

1973

Citation profile

11
cited by 11 later decisions
2
states following
March 2015
most recently cited

11 state decisions

How this case has been cited

Cited by 11 later decisions — most recently March 2015

11 state decisions

4019731980199020002010decided

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 Lynch v. Ricketts · Montgomery Ward & Co. v. Scharrenbeck · Bock v. Fellman Dry Goods Co. · Collier v. Hill & Hill Exterminators · Community Public Service Company v. Dugger

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

  1. “... The question as to when and to what extent a recovery for negligence may be based on the breach of a contract obligation has been declared to be one of the moot questions of law. [p. 494] ..... ... Where a person contracts to do certain work he is charged with the common-law duty of exercising reasonable care and skill in the performance of the work required to be done by the contract, and the parties may not substitute a contractual standard for this obligation. (Emphasis added) [p. 496] ... Accompanying every contract is a common law duty to perform with care, skill and reasonable experience, and a negligent failure to observe any of these conditions is a tort as well as a breach of contract.”
    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.