Booth v. Cottingham’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ The wife of an insane man is entitled to medical attention, and the physician who renders it upon the request of the guardian of the insane husband is entitled to compensation out of the estate held in trust for him by his guardian. The proposition that a sick and suffering wife shall be provided with reasonable medical attention seems so clear that we can not conceive how any one can doubt its correctness. It would be a reproach to the law if the wife of an insane man, whose estate is in the hands- of a guardian, were denied the necessaries of life (and, surely, medical attention in illness is necessary), but no such reproach rests upon the law. Eor many years it has been settled" that the wife of an insane man shall be provided with such things as are reasonably necessary to her comfort and welfare.””

   1 later decision quote this exact passage
   e.g. Turner v. Flagg

2. ““Both parties assert that this is an agreed case under the statute; upon that theory they submit the case to us, and it was submitted to the trial court upon the same theory. Accepting, without investigation or decision, the statement of both parties, that this is an agreed case under the statute, and taking as our guide the rule that parties are bound by the theory which they assume to be the correct one, we shall treat this case as an agreed case. Carver v. Carver, 97 Ind. 497 (516); Louisville, etc., R. W. Co. v. Wood, 113 Ind. 544 (564); Brink v. Reid, 122 Ind. 257 . When parties agree upon a theory we can not, with propriety, deny their agreement, except, perhaps, when it is plainly necessary to do so in order to prevent manifest injustice.” Booth v. Cottingham, Guar., 126 Ind. 431 .”

   1 later decision quote this exact passage
   e.g. Robbins v. Swain