Conte v. Aeolian Corp.’s Empirical Analysis

Citation profile

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

1. “Plaintiffs claim that a duty existed, under common law principles, for defendant to assist in loading the piano is without merit. Defendant merely failed to provide assistance during its workers’ lunch hour. Such behavior is not the type of inaction that creates a duty.... Plaintiffs claim that defendant’s shipping contract with his employer imposed an affirmative duty upon defendant to assist in-loading the truck is also without merit. Even if the contract created a duty chargeable to defendant to load the piano, liability does not follow, because the record does not show that the parties clearly intended the assumption of that duty and that its breach should result in favor of a nonparty plaintiff personally injured.... If defendant breached any duty, it was a contractual duty owed to plaintiffs employer, the party with which it contracted, and not one owed to the injured plaintiff.”

   1 later decision quote this exact passage
   e.g. Gonzalez v. Caballero