Berthiaume v. Kessler’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The defendants contend that a landlord owes to his tenants no duty of protection against dangers inherent in the ‘type of construction’ of those portions of his premises which he furnishes for their common use, but retains within his own control, and cite certain cases from Massachusetts and Maine in support of their position. Such is not the law in this jurisdiction. ‘In so far as the approaches to the premises are concerned, it is his (the landlord’s) duty to do whatever the ordinary man would do to enable them (his tenants) to enter and leave the premises in safety.’ (Citing authorities). In Gobrecht v. Beck-with, supra [ 82 N.H. 415 , 135 A. 20 , 52 A.L.R. 858 ], the defendant was specifically held liable for a defective type of construction, and structural defects were in part made the basis of liability in Thompson v. Resnik, supra [ 85 N.H. 413 , 159 A. 355 ], and Rowe v. Ayer & Williams, Inc. supra [ 86 N.H. 127 , 164 A. 761 ].” All cited in the Berthiaume ca-se.”

   1 later decision quote this exact passage
   e.g. McLain v. Haley