Winston v. Gordon’s Empirical Analysis

Citation profile

9 federal appellate · 50 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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If, however, there were any doubt that the cause of action asserted in the present case survives at common law, it would seem clear that the action was rightly revived by virtue of the statute already alluded to. Code, § 2655 [now § 5385], “Under that statute, which is an extension of the statute 4 Edw. Ill, c. 7, de bonis asportatis, an action of trespass, or trespass on the case, may be maintained by or against a personal representative, not only for the taking and carrying away of goods, but for any damage to estate, either done or suffered by the decedent. It is a remedial statute, and is, therefore, to receive, as the English statute has always received, a liberal construction.””

   1 later decision quote this exact passage · from the majority
   e.g. Pathe Exchange, Inc. v. Dalke

2. “All choses in action embracing demands which are considered as matters of property or estate are now assignable either at law or in equity. Nothing is excluded but mere personal torts, which die with the party. A claim, therefore, for property fraudulently or tortiously taken or received, or wrongfully withheld, and even for an injury to either real or personal property, may be assigned . . . (emphasis added) Even further in the in-depth analysis presented by this case, the Court goes on at page 918: In Lee’s Admr. v. Hill, 87 Va. 497 , 12 S.E. 1052 , 24 Am. St. Rep. 666 , this court said”

   1 later decision quote this exact passage · from the majority
   e.g. Alderman v. Damewood

3. “* * * Then what tort actions are assignable? The answer is: Such only as survive to or against the personal representative, if one of the original parties dies. Then what tort actions survive? The answer is: Those for wrong to property, real or personal, or which grow out of breach of contract, but not for wrongs done to the person or reputation, or any purely personal wrong, apart from property or contract. * * *.”

   1 later decision quote this exact passage · from the majority
   e.g. Rowe v. United States Fidelity & Guaranty Co.