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← 85 S.D. 370 - Bearry v. Brensing

Bearry v. Brensing’s Empirical Analysis

1970

Citation profile

8
cited by 8 later decisions
1
states following
April 1996
most recently cited

8 state decisions

How this case has been cited

Cited by 8 later decisions — most recently April 1996

8 state decisions

40197019801990decided

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 Rikansrud v. City of Canton · Clark v. Cassetty · Behrens v. Gottula · Fetzer v. Aberdeen Clinic · Hill v. Leichliter

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

  1. “Manifestly we are here concerned with only liability for injury caused by a person’s want of ordinary care or skill. This is the basis of negligence. The burden is upon the one who seeks to recover because of negligence to prove it. The mere happening of a fire with resultant injury raises no presumption of negligence, either in kindling or management of it. Bearry, supra, 182 N.W .2d at 656.”
    1 later decision quote this exact passage
  2. “Our rule is that with the single exception of fires caused by sparks emitted from locomotive engines, res ipsa loquitur does not apply to cases involving damage or injury by fire. Bearry, supra, 182 N.W.2d at 656 .”
    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.