Hershey v. Peake’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 29 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The fundamental distinction between assault and battery on the one hand and negligence such as would constitute malpractice, on the other, is that the former is intentional and the latter unintentional. (5 C. J. 625.)” (p. 565.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Ray v. Scheibert · Hackenberger v. Travelers Mutual Casualty Co.

2. ““It is ordinarily sufficient for plaintiff, in an action for malpractice, to aver that defendant was a physician and surgeon; that plaintiff retained and employed him as such to attend upon him; that he accepted and entered upon such employment, yet conducted himself in an unskillful and negligent manner, whereby plaintiff was injured, to his damage, etc. Want of skill and care on the part of the physician must be alleged, and also the specific acts of commission or omission concerning which negligence is imputed.” (p. 567.)”

   1 later decision quote this exact passage · from the majority
   e.g. Voss Ex Rel. Voss v. Bridwell