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← 84 S.D. 243 - Weeks v. Prostrollo Sons, Inc.

Weeks v. Prostrollo Sons, Inc.’s Empirical Analysis

1969

Citation profile

22
cited by 22 later decisions
1
states following
November 1989
most recently cited

2 federal appellate · 4 district · 16 state decisions

Relationships

Relies on Kelly v. Huber Baking Co. · Harrison Richardson v. Thomas E. Gregory · McCleod v. Tri-State Milling Co. · Myers v. Quenzer · Zakrzewski v. Hyronimus

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

  1. ““Where the statute, or the regulation having the force of statute, fixes the standard of care and the court determines that it was intended to protect the class of persons in which plaintiffs are included against risk of the type of harm which has in fact occurred, the court must direct the jury that an unexcused or unjustified violation of such statute or regulation is negligence as a matter of law.” Weeks v. Prostrollo Sons, Inc., 84 S.D. 243 , 169 N.W.2d 725 .”
    2 later decisions quote this exact passage
  2. “where a particular statutory or regulatory standard is enacted to protect persons in the plaintiff's position or to prevent the type of accident that occurred, and the plaintiff can establish his relationship to the statute, unexplained violation of that standard renders the defendant negligent as a matter of law.”
    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.