Kuhn v. State’s Empirical Analysis
1984
Citation profile
4 state decisions
Relationships
Relies on Otis Elevator Co. v. Maryland Casualty Co. · Manson-Osberg Company v. State · Air Transport Assocs., Inc. v. United States · Northwest Airlines, Inc. v. Alaska Airlines, Inc. · Burgess Construction Co. v. State
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.
“The public duty exception to which we referred in Manson-Osberg is generally held applicable to public utilities and common carriers, and is based on two principles. The first is that those to whom the exception applies should guard against the consequences of their negligence at all times; indemnity agreements, or prospective releases, are thought to eliminate their incentive to do so. The second is that it is thought unfair to allow public service entities to impose liability-avoiding agreements on those they are supposed to serve, since the latter have no choice but to accept such agreements.”
1 later decision quote this exact passage“(a) The department shall maintain the highway and keep it open to industrial or commercial traffic throughout the year.”
1 later decision quote this exact passagee.g. Freeman v. State
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.