110 W. Va. 579 - Smith v. Gould’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 27 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is not to be understood, however, that the salutary, sensible and practical doctrine of contributory negligence stands as adamant, immovable, unalterable and relentless. It is not a rule of iron. It carries with it an exception or qualification which is as well grounded in American and English jurisprudence as is the rule itself. In fact the qualification not only proves the rule but vitalizes and humanizes it. This is known in the law as the doctrine of last clear chance. It has many variations, and much confusion has been evidenced in the extended and manifold discussions of the same. The base of the rule is this: A plaintiff who has negligently placed himself or his property in a situation of imminent peril and is either unconscious of the situation, or unable to avoid the danger, or both, may nevertheless recover damages of the defendant who negligently inflicts injury, if the defendant could have avoided the injury after discovering the plaintiff’s peril.””

   2 later decisions quote this exact passage
   e.g. Frank Peterkovich, Administrator of the Estate of Thomas Richtoric v. The Pennsylvania Railroad Company, a Corporation · Petrekovich v. Pennsylvania Railroad