Benser v. Johnson’s Empirical Analysis
1988
Citation profile
3 state decisions
Appellate journey
reviewedthe decision below (from Texas 14th Judicial District Court)
Relationships
Relies on Nixon v. Mr. Property Management Co. · Pool v. Ford Motor Co. · Missouri Pacific Railroad v. American Statesman · Trentacost v. Brussel · Spar v. Obwoya
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The act of a third party in committing an intentional tort or crime is a superseding cause of harm to another resulting therefrom, although the actor’s negligent conduct created a situation which afforded an opportunity to the third person to commit such a tort or crime, unless the actor at the time of his negligent conduct realized or should have realized the likelihood that such a situation might be created, and that a third person might avail himself of the opportunity to commit such a tort or crime.”
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.