53 Wis. 2d 141 - Thomas v. Kells’s Empirical Analysis

Citation profile

21 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To constitute a cause of action for negligence there must be: (1) A duty to conform to a certain standard of conduct to protect others against unreasonable risks; (2) a failure to conform to the required standard; (3) a causal connection between the conduct and the injury; and (4) actual loss or damage as a result of the injury. 99”

   2 later decisions quote this exact passage
   e.g. Tesar v. Anderson · 56 Wis. 2d 772 - Padilla v. Bydalek

2. ““. . . While a complaint need not specifically deny the existence of any and all affirmative defense, it can, by inadvertence or otherwise, create or concede an affirmative defense fatal to its validity. . . .””

   2 later decisions quote this exact passage
   e.g. 58 Wis. 2d 376 - Continental Bank & Trust Co. v. Akwa · 384 Wis. 2d 413 - Feldman v. Farris

3. ““It should not be necessary for us to point out that when a party demurs to a pleading he raises sufficiency of the allegations contained in the pleading demurred to, to state a cause of action. The demurrant may not import into the statement of one cause of action the allegations of fact contained in another pleading for the purpose of making it or attempting to make it defective or insufficient.””

   1 later decision quote this exact passage
   e.g. 57 Wis. 2d 166 - Nelson v. City of Milwaukee