Smith v. Owen’s Empirical Analysis
1992
Citation profile
4 state decisions
How this case has been cited
Cited by 13 later decisions — most recently December 2018
4 state decisions
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 Brookins v. the Round Table, Inc. · Alex v. Armstrong · Queen v. Dayton Coal & Iron Co. · Memphis Street Railway Co. v. Haynes · Nevill v. City of Tullahoma
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The doctrine of negligence per se is firmly established in our case law. In order to recover on the basis of negligence per se, three elements must be established. First, it must be shown that the defendant violated a statute or ordinance which “imposes a duty or prohibits an act for the benefit of a person or the public.” Nevill v. City of Tullahoma, 756 S.W.2d 226, 232-233 (Tenn.1988).... Second, the proof must show that the injured party was within the class of persons whom the legislative body intended to benefit and protect by the enactment of that particular statute or ordinance.... In addition to establishing negligence per se by showing these two elements, the plaintiff must of course show that such negligence was the proximate cause of the injury....”
1 later decision quote this exact passage“SECTION 303.4 — ELECTRIC LIGHTS AND OUTLETS REQUIRED ... In addition to the electric light fixture in every bathroom and laundry room, there shall be provided at least one (1) convenience outlet. Every such outlet and fixture shall be properly installed shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner.”
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.