Dubray v. Howshar’s Empirical Analysis
1994
Citation profile
1 district · 11 state decisions
How this case has been cited
Cited by 12 later decisions — most recently July 2015
1 district · 11 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 ABC Builders, Inc. v. Phillips · McClellan v. Tottenhoff · Distad v. Cubin · Fisher v. Robbins · Short v. Spring Creek Ranch, Inc.
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When property is sold under a valid contract and an escrow created, the purchaser under the contract is the equitable owner and assumes all the risk, including liability of ownership, while the seller holds legal title in trust for the purchaser as security for the performance of the contract.”
2 later decisions quote this exact passage“In Distad v. Cubin, 633 P.2d 167 (Wyo.1981), this court adopted §§ 286 through 288C of the Restatement, Second, Torts, as guidelines for addressing negligence claims premised on duties created by statutes, regulations or ordinances. Id., at 175; see also Short v. Spring Creek Ranch, Inc., 731 P.2d 1195, 1198-99 (Wyo.1987) and Dubus v. Dresser Industries, 649 P.2d 198, 202 (Wyo.1982). Section 286 provides: The court may adopt as the standard of conduct of a reasonable man the requirements of a legislative enactment or an administrative regulation whose purpose is found to be exclusively or in part (a) to protect a class of persons which includes the one whose interest is invaded, and (b) to protect the particular interest which is invaded, and (c) to protect that interest against the kind of harm which has resulted, and (d) to protect that interest against the particular hazard from which the harm results. In other words, a statute, regulation or ordinance may be adopted as the standard of care only if “the injured party belongs to the class of persons that the statute was intended to protect, and the injury is of the type that the statute was intended to prevent.” Sagebrush Ltd. v. Carson City, 99 Nev. 204 , 660 P.2d 1013, 1015 (1983). Based on these “directions,” we must determine whether the four criteria of § 286 are met “because, if *** not, then the statute imposes no duty of care for the breach of which he will be heard to successfully complain.” Dubus, 649 P.2d at 202 ”
1 later decision quote this exact passage“the operator of [a] retail liquor establishment ... be exposed to the serutiny of the licensing process including a public hearing.”
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.