Samson v. Smith’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We do not suggest that Dram Shop liability, or a responsibility akin to it, is undesirable public policy or that adoption in Delaware would lend to illogical or unfair results. On the contrary, we think that a law which imposes some such responsibility on a licensee who willfully or carelessly serves alcohol to an intoxicated patron has much to commend it. But, in our view, the General Assembly is in a far better position that this Court to gather the empirical data and to make the fact finding necessary to determine what the public policy should be as to a Dram Shop law, and the scope of any such law.”

   1 later decision quote this exact passage
   e.g. Oakes v. Megaw

2. “[I]n DiOssi we posited liability upon common law premises principles as set forth in the Restatement (Second) of Torts. In particular, we addressed a social host’s liability to a business invitee under Sections 332 and 343 of the Restatement (Second) of Torts and fashioned our holding on a safe workplace rationale.”

   1 later decision quote this exact passage
   e.g. Oakes v. Megaw