Amendola v. Amendola’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The sole issue on this appeal is whether the common-law rule that a cause of action for tort abates upon the marriage of the female who was injured to the person alleged to have caused the injury, should be judicially declared to be of no force and effect in this state. * * * "* * * In Webster v. Snyder, 1932, 103 Fla. 1131 , 138 So. 755 , it was held that the common-law rule referred to above did not operate to abate a suit against the employer of the tortfeasor for injuries sustained by the plaintiff prior to her marriage to the tortfeasor allegedly due to a negligent act committed by him in the course of his employment. This court said: "`* * * such marriage does not affect the cause of action which the plaintiff has against both the defendant and her son acting as defendant's servant, for damages because of the negligenct [sic] injury. The marriage of the plaintiff to the defendant's son and servant abates the plaintiff's right of action against the servant whom she married, though the marriage does not create a relation between the plaintiff and the defendant that suspends or abates the plaintiff's right of action against the defendant; nor does the marriage affect the servant's liability to his principal, who is the defendant below.' (Emphasis added.) "It will have been noted that the husband-tortfeasor was not named as a party defendant in the Webster case, since at the time that suit was filed the common-law fiction of the unity or identity of the husband and wife st”

   1 later decision quote this exact passage
   e.g. 224 So. 2d 326 - Gaston v. Pittman