Smith v. Brasseur’s Empirical Analysis

Citation profile

2 federal appellate · 2 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Plaintiff as a pedestrian has the duty to exercise that degree of care that an ordinarily prudent man would exercise under like circumstances when the Plaintiff was using the road. You should first consider whether a reasonably prudent pedestrian in the Plaintiff’s situation would have foreseen that the accident and the resulting injuries were likely to result from the manner in which the Plaintiff was using the road. Second, you should consider what precautions such a prudent pedestrian would have taken in view of the risk or likelihood of harm to himself that he could foresee from the circumstances then existing. The Plaintiff was negligent if a reasonably prudent pedestrian would have foreseen the likelihood of harm to himself and would have taken greater precautions than ryou find from the evidence that he" took. In determining this question, however, you must consider that the Plaintiff, as a pedestrian, had a right to assume that the Defendant would obey the laws of the state and would not back up his motor vehicle in a negligent manner unless or until that assumption became unwarranted by the circumstances.”

   1 later decision quote this exact passage
   e.g. Worden v. Courtemanche