Marshall v. Ranne’s Empirical Analysis
1974
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently July 2017
24 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 Williamson v. Smith · Judson v. Giant Powder Co. · 15 Wis. 2d 374 - McConville v. State Farm Mutual Automobile Insurance · Felgner v. Anderson · McGrath v. American Cyanamid 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We do not hold that negligence ... can never be a correct theory in a case which concerns animals. All animals are not vicious and a possessor of a non-vicious animal may be subject to liability for his negligent handling of such an animal. This was the situation in Dawkins v. Van Winkle, 375 S.W.2d 341 (Tex.Civ.App.—Waco 1964), writ dism’d w.o.j., 377 S.W.2d 830 (Tex.1964). Accord, Restatement of Torts § 518 (1938); 2 F. Harper & F. James, The Law of Torts § 14.11, at 833-834 (1956); 3A C.J.S. Animals § 178 (1973).”
1 later decision quote this exact passage · from the majoritye.g. Dunnings v. Castro““§ 507. LIABILITY OF POSSESSOR OF WILD ANIMAL. Except as stated in §§ 508 and 517, a possessor of a wild animal is subject to liability to others, except trespassers on his land, for such harm done by the animal to their persons, lands or chattels as results from a dangerous propensity which is characteristic of wild animals of its class or of which the possessor has reason to know, although he has exercised the utmost care to confine the animal or otherwise prevent it from doing harm.””
1 later decision quote this exact passage · from the majoritye.g. Pate v. Yeager“[A] possessor of a domestic animal that he has reason to know has dangerous propensities abnormal to its class, is subject to liability for harm done by the animal to another although he has exercised the utmost care to prevent it from doing harm.”
1 later decision quote this exact passage · from the majoritye.g. Dunnings v. Castro
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.