Budagher v. Amrep Corp.’s Empirical Analysis
1981
Citation profile
42 state decisions
How this case has been cited
Cited by 42 later decisions — most recently November 2010 · most notably Saiz Ex Rel. Estate of Saiz v. Belen School District (1992), Gracia v. Bittner (1995)
42 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 Scott v. Rizzo · Snyder v. Southern California Edison Co. · Zamora v. Smalley · 39 Cal. 2d 450 - Knell v. Morris · Southern Railway Co. v. Lewis
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As we interpret the law set forth in the above cases, the legal principle applicable to the issue involved is not “ordinary negligence” nor “strict liability” nor “res ipsa loquitur.” Instead, under the above authorities, once the plaintiff proves the elements of liability stated by the rule, no more is required, and plaintiff will have established that the defendant’s activity constitutes negligence. The burden then shifts to defendant, in order to avoid liability, to plead and prove any defense which would have been applicable in any ordinary negligence case.”
1 later decision quote this exact passage · from the dissent“New Mexico has adopted the civil law governing surface waters. Martinez v. Cook, 56 N.M. 343 , 244 P.2d 134 (1952). Under this rule, a landowner does not have the right to collect surface water in an artificial channel and discharge it upon his neighbor’s lands to his injury, in a different manner or in a greater volume or at a greater rate than it would have flowed naturally. Little v. Price, 74 N.M. 626 , 397 P.2d 15 (1964); Rix v. Town of Alamogordo, 42 N.M. 325 , 77 P.2d 765 (1938); Groff v. Circle K. Corporation, 86 N.M. 531 , 525 P.2d 891 (Ct.App.1974).”
1 later decision quote this exact passage · from the dissent“One who owes * * * an absolute and positive duty to the public or an individual cannot escape the responsibility * * * by delegating it to an independent contractor * * * whether [the duty] is imposed by the common law, by statute, or by municipal ordinance * * *.”
1 later decision quote this exact passage · from the dissent
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.