Barrett v. Fritz’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Plaintiff has the burden of proving each of the following propositions: First, that the plaintiff before and at the time of the occurrence was using ordinary care for her own safety ; Second, that the defendant acted, or failed to act in one of the ways claimed by the plaintiff as stated to you in these instructions and that in so acting, or failing to act, the defendant was negligent; Third, that the plaintiff was injured; Fourth, that the negligence of the defendant was a proximate cause of the injury to the plaintiff. In this case defendant has asserted the affirmative defense that the plaintiff assumed the risk of injury by participating in the activities which exposed her to the risk of the injury. To prove the defense, the defendant has the burden of proving each of the following propositions : First, that the plaintiff was to participate in the activities which exposed her to the injuries complained of. Second, that the dangers involved were the dangers which ordinarily accompany the activities contemplated in participating in the game of golf. Third, that the plaintiff knew, or by the exercise of ordinary care should have known, these dangers existed and realized the possibility of injury from playing the game of golf on the day in question. Fourth, that some one or more of these dangers were the cause of plaintiff’s alleged injuries. If you find from your consideration of all the evidence that each of the propositions required of the plaintiff has been proved an”

   1 later decision quote this exact passage · from the majority
   e.g. 42 Ill. 2d 529 - Barrett v. Fritz