Van Noy v. Frank’s Empirical Analysis

Citation profile

3 federal appellate · 10 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is undoubtedly true that a finding by a jury from conflicting evidence to the effect that one driver’s negligence is the sole cause of collision, and its corollary that there is no contributory negligence on the part of the other driver, is binding upon this court. The fatal omission, hoivever, of the trial court to charge the jury on the subject of imputed negligence is such that we cannot say that the jury did so find. It may very well be that the jury was under the impression that if there was negligence on the part of the appellant’s brother [the driver] that respondent was exonerated, irrespective of any negligence on the part of respondent contributing directly to the accident. It seems clear to us that the failure of the trial court to instruct on a legal question of such importance, as applied to the facts of the instant case, is prejudicial error.””

   1 later decision quote this exact passage
   e.g. 190 Cal. App. 2d 213 - Ross v. Wilcox

2. ““. . . On the admitted facts there can be no question about the nonapplication of the doctrine of imputed negligence to this case, and the propriety—indeed, necessity—of instructing the jury what the doctrine is and appropriately advising the jury that it has no application to the facts of the instant ease. (Kelley v. Hodge Transportation System, 197 Cal. 598 [ 242 P. 76 ].)””

   1 later decision quote this exact passage
   e.g. 190 Cal. App. 2d 213 - Ross v. Wilcox