Politte v. Union Electric Co.’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. “A possessor of land who knows, or from facts within his knowledge should know, that trespassers constantly intrude upon a limited area of land is subject to liability for bodily harm caused to them by an artificial condition on the land, if (a) the condition (i) is one which the possessor has created or maintains and (ii) is, to his knowledge, likely, to cause death or serious bodily harm to such trespassers and (iii) is of such a nature that he has reason to believe that such trespassers will not discover it, and (b) the possessor has failed to exercise reasonable care to warn such trespassers of the condition and risk involved.”

   2 later decisions quote this exact passage
   e.g. City of Kansas City v. New York-Kansas Building Associates L.P. · Mothershead v. Greenbriar Country Club, Inc.

2. “Trespassers take the premises, for better or for worse, as they find them, assuming the risk of injury from their condition, “the owner being liable only for hidden dangers intentionally placed to injure them or for any willful, illegal force used against them.” [Cite omitted]. This is the rule whether the trespasser is known or unknown.”

   1 later decision quote this exact passage
   e.g. Boyette v. Trans World Airlines, Inc.