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← 521 SO2D 697 - Kirshner v. Johnson

Kirshner v. Johnson’s Empirical Analysis

1988

Citation profile

4
cited by 4 later decisions
1
states following
January 2008
most recently cited

4 state decisions

Relationships

Relies on 283 So. 2d 734 - Coe Oil Service, Inc. v. Hair · 484 So. 2d 853 - Louisiana Farm Bureau Mut. Ins. Co. v. Dunn · 471 So. 2d 994 - Abrams v. Dinh · S & W INVESTMENT COMPANY v. Otis W. Sharp & Son, Inc. · Leatherman v. Miller's Mutual Fire Ins. Co. of Texas

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

  1. “In a suit against a depositary, the depositor initially has the burden of proving the existence of the contract of deposit and that the thing deposited was not returned or was damaged. From proof of these facts, it may reasonably be inferred that the depositary has not acted as a prudent administrator, and, thus, the depositor has established a pri-ma facie case of liability against the depositary. Thereafter, the burden is on the depositary to exonerate himself from fault.”
    2 later decisions quote this exact passage
  2. “the depositary is bound to use the same diligence in preserving the deposit that he uses in preserving his own property.”
    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.