113 N.C. App. 658 - Hurley v. Miller’s Empirical Analysis

Citation profile

6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The violation of a statute or ordinance enacted for the safety and protection of the public constitutes negligence per se. Cowan v. Transfer Co. and Carr v. Transfer Co., 262 N.C. 550, 554 , 138 S.E.2d 228, 231 (1964). The statute [or ordinance] prescribes the standard [of care] . . . . The common law rule of ordinary care does not apply — proof of the breach of the statute is proof of negligence. . . . In short, where a statute or municipal ordinance imposes upon any person a specific duty for the protection or benefit of others, if he neglects to perform that duty, he is liable to those for whose protection or benefit it was imposed for any injuries or damage of the character which the statute or ordinance was designed to prevent, and which was proximately produced by such neglect . . . .”

   1 later decision quote this exact passage
   e.g. 195 N.C. App. 786 - Williams v. Bird

2. “1) The plaintiff, by her own negligence put herself into a position of helpless peril; 2) Defendant discovered, or should have discovered, the position of the plaintiff; 3) Defendant had the time and ability to avoid the injury; 4) Defendant negligently failed to do so; and 5) Plaintiff was injured as a result of the defendant’s failure to avoid the injury.”

   1 later decision quote this exact passage
   e.g. 121 N.C. App. 611 - Trantham v. Estate of Sorrells Ex Rel. Sorrells