70 Wis. 2d 836 - Antoniewicz v. Reszczynski’s Empirical Analysis
1975
Citation profile
176 state decisions
How this case has been cited
Cited by 181 later decisions — most recently April 2017 · most notably Nixon v. Mr. Property Management Co. (1985), 74 Wis. 2d 526 - Coffey v. City of Milwaukee (1976)
176 state decisions — followed in 26 states
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 56 Wis. 2d 7 - Just v. Marinette County · Gottlieb v. City of Milwaukee · 31 Wis. 2d 119 - Szafranski v. Radetzky · 46 Wis. 2d 337 - Copeland v. Larson · 22 Wis. 2d 544 - State Ex Rel. Reynolds v. Zimmerman
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 181 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It would appear, therefore, that there is little to commend the continued use of the categories of licensee or invitee in respect to the liability of the occupier of property. As we have noted, the factual distinctions between licensees and invitees are hazy and the law blurred. There is no reason why one who invites a guest to a party at his home should have less concern for that guest’s safety than he has for the welfare of an insurance man who may come to the home to deliver a policy. Is the life or welfare of a friend who comes as a guest to be more , lightly regarded than the life or welfare of a casual business acquaintance? To state the question is to answer it. There is no good reason why the business guest should be afforded greater protection than the social guest. Particularly in Wisconsin, where the economic-benefit theory has been discarded in respect to invitees, no logical basis for any dichotomy remains. “While the common-law categories may have had some virtue under the feudal system of land tenures, when tke lord of the land had complete and autocratic control of his property irrespective of harm to the community, such concept of land holding has long since vanished. We recognize numerous limitations upon the right to use real property, most of which are imposed by the police power.””
1 later decision quote this exact passage“Permission. An owner, lessee or occupant of premises who gives permission to another to hunt, fish, trap, camp, hike, sightsee, berry pick or to proceed with water sports or recreational uses upon such premises does not thereby extend any assurances that the premises are safe for such purpose, or constitute the person to whom permission is granted an invitee to whom a duty of care is owed, or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted, except as provided in sub. (3).”
1 later decision quote this exact passage“If the person is a trespasser, the owner of land has the duty to refrain from wilful and intentional injury. Shea v. Chicago, M., St. P. & P. R. Co. (1943), 243 Wis. 253, 257 , 10 N. W. 2d 135 . He is not liable for injury to trespassers, as a general rule, caused by his failure to exercise reasonable care to put his land in safe condition for them, nor is he obliged to refrain from operations or activities that might cause injury....”
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.