McNally v. Colwell’s Empirical Analysis

Citation profile

2 federal appellate · 16 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A question bas been raised whether, in the event of a fire happening without-negligence, the person responsible for the premises can be rendered liable, ^because, in the opinion of a j'ury, he did not keep on hand at all times proper appliances' to put out a fire in case one should accidentally arise.’ There seems to exist a difference of obligation in respect to the different character of buildings involved. Care must in all eases be proportioned to risk. Since, then, the breaking out of fire in dwelling houses and buildings used for domestic purposes is of uncommon occurrence, the provision of appliances to put out fire is not necessary. In the use of fire for manufacturing purposes there is a difference; the risk is greater, and constant care is in some cases required to prevent its escape. Accordingly, where fires are liable to originate in engine and boiler rooms, and the construction of the building is such that the surroundings are inflammable, an obligation arises not only to use care in tending the furnaces that are requisite for carrying- on the work, hut appliances for extinguishing fire, if it should break bounds, should he at hand; for this is a precaution which every ordinarily prudent man would adopt for the preservation of his own property, and the neglect of it is negligence.””

   1 later decision quote this exact passage
   e.g. World's Columbian Exposition Co. v. Republic of France

2. “And since a man's opinion cannot be met and tested, as could his testimony to the existence of a fact, expert evidence, while useful in many cases, is dangerous in all, and should be restricted, for the purpose of accuracy in determining the truth, which is the aim of all judicial investigation, to those cases where its use is well nigh indispensable because of questions of science or skill being involved, in which a special and peculiar knowledge is desired in order to arrive at the truth.”

   1 later decision quote this exact passage
   e.g. People of Michigan v. Johnny Ray Kennedy