Bowling v. Popp’s Empirical Analysis
1989
Citation profile
1 district · 11 state decisions
How this case has been cited
Cited by 14 later decisions — most recently December 2014
1 district · 11 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 Elder v. Fisher · 159 Ind. App. 663 - Brattain v. Herron · Whisman v. Fawcett · Anderson v. State Farm Mutual Automobile Insurance Co. · Lather v. Berg
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There is no duty so to control the conduct of a third person as to prevent him from causing physical harm to another unless (a) a special relation exists between the actor and the third person which imposes a duty upon the actor to control the third person's conduct, or (b) a special relation exists between the actor and the other which gives to the other a right to protection.”
4 later decisions quote this exact passage“[The courts of Indiana generally follow the principles set forth in the Restatement (Second) of the Law on Torts. See, e.g., Sports, Inc. v. Gilbert (1982, Ind.App.), 431 N.E.2d 534 . The basic principle of this duty is stated as follows: There is no duty to control the conduct of a third person as to prevent him from causing physical harm to another unless (a) a special relation exists between the actor and the third person which imposes a duty upon the actor to control the third person's conduct, or (b) a special relation exists between the actor and the other which gives to the other a right to protection.”
2 later decisions quote this exact passage“In [Whisman], this Court recognized that Elder established that “there is a common law cause of action against those unlawfully selling or furnishing intoxicating liquor in favor of third persons subsequently injured by the acts of the purchasers as a result of their intoxicated condition.” However, Whisman misinterpreted Elder as establishing that general principles of common law negligence “apply only in the absence of a special statutory provision.” This view was not within the holding of Elder.... We conclude that Elder did not intend to limit common law dram shop liability to the absence of statute, but rather to recognize the common law liability notwithstanding the existence of such statute.”
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.