Stack v. Kearnes’s Empirical Analysis

Citation profile

1 federal appellate · 8 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The intentional doing of an act or intentional omitting or failing to do an act,, with knowledge that serious injury is a probable and not merely a possible result, or the intentional doing of an act with wanton and reckless disregard of the possible consequences. It involves deliberate intentional or wanton conduct in doing or omitting to do an act with knowledge or appreciation that injury is likely to result therefrom.”

   1 later decision quote this exact passage
   e.g. 18 Utah 2d 395 - Roylance v. Davies

2. “Willful misconduct connotes a greater wrongdoing than mere negligence or even gross negligence. It includes a conscious or intentional violation of definite law or rule of conduct with the knowledge of the peril to be apprehended from such act or failure to act.”

   1 later decision quote this exact passage
   e.g. 18 Utah 2d 395 - Roylance v. Davies