124 Ind. App. 369 - Rickner v. Haller’s Empirical Analysis

Citation profile

3 federal appellate · 27 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““However, the facts in the Becker case, supra, and the ease before us are diametrically opposite as far as the decisive factor in the cases are concerned, namely, the conscious (wilful or wanton) misconduct of the driver. In the Becker case, supra, there was a total failure of proof that, before entering the intersection, the driver was conscious of a stop sign, or of a law requiring him to stop at the intersection.””

   3 later decisions quote this exact passage
   e.g. 150 Ind. App. 675 - Wyant v. Lobdell · 126 Ind. App. 571 - Eikenberry v. Neher

2. ““Instruction No. 3 “The Court further instructs you members of the jury that if you find from the evidence in the cause that the sole proximate cause of the collision of the autmobile being operated by the defendant and the automobile in which the plaintiff was riding on August 6, 1963, was the fact that the foot brakes on the automobile being operated by the defendant failed to function at and immediately before the impact and if you also find that said brakes had been functioning properly before the time when the defendant attempted to apply said brakes at and immediately before the impact and if you also find that she did not fail to exercise reasonable care in failing to apply her emergency brake under all the circumstances and the defendant exercised reasonable care in the servicing and inspection of said brakes prior to the impact, then the plaintiffs cannot recover in these causes and your verdict should be for the defendant.” “Instruction No. 7 “Ladies and Gentlemen of the Jury if you find from the evidence that the automobile being operated by Mrs. Mowery, the defendant herein, was equipped with adequate brakes immediately before she attempted to apply her foot brake upon approaching the intersection and that she applied her foot brake and her foot brake failed completely to stop or slow down the automobile without any advance warning of such failure to Mrs. Mowery, and that she did not fail to exercise reasonable care by not applying her emergency or hand brake unde”

   1 later decision quote this exact passage
   e.g. 141 Ind. App. 672 - McCleary v. Mowery

3. ““Finally, appellant’s Instruction 12, refused by the court, was as follows: ‘Assumption of risk is a defense in a guest case. If you find from the evidence that the plaintiff voluntarily rode in defendant’s car and assumed the risk of riding with the defendant then the plaintiff cannot recover and your verdict should be for the defendant.’ This instruction was properly refused because there was no evidence that appellee voluntarily exposed herself to any known or appreciated danger, due to the wanton or wilful misconduct of appellant, by reason of which she sustained injury. See 65 C.J.S., Negligence, supra, § 174, p. 849.””

   1 later decision quote this exact passage
   e.g. 148 Ind. App. 222 - Schwing v. McKibbin