Dobbins v. Kramer’s Empirical Analysis

Citation profile

2 federal appellate · 4 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “10(b). Instruetion[s 7, 8, and 9] removed the issue of Plaintiffs ability to discover conditions upon reasonable inspection as the only condition submitted in Instructions 7, 8, and 9 was whether the Plaintiffs by the exercise of ordinary care could not have known of the lack of damp proofing. The Court then erred by allowing counsel for the Plaintiff to submit all damages. In essence, instructing the jury that if the Plaintiffs could not have known the house was damp proofed, all items presently wrong with the house were compensable damages. This is not the appropriate standard under Missouri law.”

   1 later decision quote this exact passage
   e.g. Lowdermilk v. Vescovo Building & Realty Co.

2. “(1) a representation; (2) its falsity; (3) its materiality; (4) the speaker's knowledge of its falsity or his ignorance of its truth; (5) the speaker’s intent that his representation should be acted upon by the hearer and in the manner reasonably contemplated; (6) the hearer’s ignorance of the falsity of the representation; (7) the hearer’s reliance on the truth of the representation; (8) the hearer's right to rely thereon; [and] (9) the hearer’s consequent and proximately caused injuiy.”

   1 later decision quote this exact passage
   e.g. Wood v. Safeco Insurance Co. of America