Ackerman v. Kogut’s Empirical Analysis

Citation profile

51 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “* * * Intoxication may be evidenced circumstantially by prior or subsequent condition of intoxication within such a time that the condition may be supposed to be continuous. 2 Wigmore, Evidence, 3d Ed. § 235. This accords with our rule that an inference may be and often is retroactive; a trier may from present conditions infer a previous fact. Cross v. Passumpsic Fibre Leather Co., 90 Vt. 397, 407 , 98 A. 1010 . Ackerman v. Kogut, 117 Vt. 40 , 84 A. 2d 131, at 134 .”

   1 later decision quote this exact passage
   e.g. Wanna v. Miller

2. “True enough, there is no direct evidence that Willette was apparently under the influence of intoxicating liquor at the precise moment that beer was served to him. Yet the picture painted before the jury indicated a state of gross drunkenness over all and at the time he was in the Champlain Grill. . . . To our mind the jury found not only the probable fact, but the highly probable fact, when it concluded that [Willette] “showed his liquor” at the appropriate time.”

   1 later decision quote this exact passage
   e.g. In Re Tweer

3. “[Title 7] is based on the taxing power and the police power of the state, and is for the protection of the public welfare, good order, health, peace, safety and morals of the people of the state, and all its provisions shall be liberally construed for the accomplishment of the purposes set forth herein.”

   1 later decision quote this exact passage
   e.g. In re Club 107