Edwards v. Donaldson’s Empirical Analysis

Citation profile

3 federal appellate · 12 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In applying the doctrine of last clear chance to a set of facts we much [sic] concern ourselves initially with the premise that in order to invoke such a doctrine it is necessary that there must be competent substantial evidence clearly indicating that the prior negligence of the plaintiff in placing himself in a perilous position had terminated or culminated and from which the exercise of ordinary care on his part would not thereafter extricate him. See Merchants' Transportation Co. v. Daniel, 109 Fla. 496 , 149 So. 401, 403 ; Falnes v. Kaplan, supra. "* * * For if plaintiff had the opportunity to extricate himself from a perilous position by the exercise of ordinary care and failed to do so, then his negligence in the first instance would not be deemed terminated or culminated but would continue and constitute contributory negligence."”

   3 later decisions quote this exact passage
   e.g. Perdue v. Copeland · 115 So. 2d 597 - Shattuck v. Mullen

2. “Both Falnes and Edwards involved conditions were a pedestrian was walking along the side of the paved roadway. In both instances it was clear that by merely stepping aside he could have escaped injury. In terms of the last clear chance rule, in each of the last two cited cases the pedestrian had not reached a point of danger from which he could not extricate himself. In the”

   2 later decisions quote this exact passage
   e.g. 133 So. 2d 297 - James v. Keene · Cavitt v. Ferris