Gomes v. Byrne’s Empirical Analysis
1959
Citation profile
44 state decisions
How this case has been cited
Cited by 44 later decisions — most recently August 2006 · most notably 165 Cal. App. 3d 709 - Nelson v. Hall (1985), Herrle v. Estate of Marshall (1996)
44 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.
Relationships
Relies on 42 Cal. 2d 158 - Prescott v. Ralphs Grocery Co. · 143 Cal. App. 2d 129 - Ching Yee v. Dy Foon · 98 Cal. App. 598 - Cambou v. Marty · 93 Cal. App. 2d 315 - Smythe v. Schacht · 131 Cal. App. 2d 557 - Sloboden v. Time Oil Co.
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this State or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.””
2 later decisions quote this exact passage“"The 1 elements of the defense of assumption of risk are a person’s knowledge and appreciation of the danger involved and his voluntary acceptance of the risk. ’ [ Citation; emphasis added.] Thus if plaintiff recognized the danger that the dog would bite him, his knowledge was sufficient although he did not know whether the dog had a history of viciousness. ’ ’”
1 later decision quote this exact passage“In adopting section 3342 of the Civil Code, the Legislature did not intend to render inapplicable such defenses as assumption of risk or wilfully invited injury. Therefore those defenses are available in all proper cases. (See Smythe v. Schacht, 93 Cal.App.2d 315, 321 , 209 P.2d 114 , see also 2 Harper and James, The Law of Torts (1956) § 14.12, pp. 843-845.)”
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.