127 Ind. App. 149 - HAHN v. Moore’s Empirical Analysis

Citation profile

10 federal appellate · 78 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 94 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellants’ brief quotes, in effect, the rule that the measure of damages in a case of this kind is the value of the child’s services from the time of death until he would have attained his majority, taken in con nection with his prospects in life less the cost of his support and maintenance during that period, including board, clothing, schooling and medical attention. To this may be added, in proper cases, the expenses of care and attention to the child, made necessary by the injury, funeral expenses and medical services. * * * Appellants also add that the jury may consider the condition of the decedent’s family and the pecuniary value of all acts of kindness and attention which the deceased child might reasonably be anticipated to render until its majority. But that the parent has been deprived of the happiness, comfort, and society of the child or has incurred physical or mental suffering or pain by reason of loss of the child, may not be considered by the jury. We find no reason to question appellants’ statement as to the measure of damages and the matters which may and may not be considered by the jury.””

   2 later decisions quote this exact passage
   e.g. Vera Cruz v. Chesapeake & Ohio Railway Co. · Robinson v. Wroblewski

2. ““The right of a parent to the services of his minor child is a property right and the statute (§2-217, Burns’ 1946 Replacement) gives the parent, in his own right, a cause of action for loss of such services or other pecuniary injury occasioned by personal injuries to or the death of his minor child, which action is not one for injury to the person but for injury to property within the meaning of Sec. 2-601, Burns’ 1946 Replacement.””

   2 later decisions quote this exact passage
   e.g. 128 Ind. App. 475 - Siebeking v. Ford, Admx., Etc. · 133 Ind. App. 516 - New York Central Railroad Co. v. Sarich

3. “"The rule is well established in this state that where the reasonable amount of recovery is in dispute under the evidence, the amount awarded cannot be considered excessive if it is within the scope of the evidence before the Court. First Bank & Trust Company of South Bend, Executor of Estate of Spiro v. Tellson (1954), 124 Ind. App. 478, 484 , 118 N.E.2d 496 . "The amount of the judgment in this case does not seem to be excessive, when we recognize that the trial court was aware, as is this court, of the current inflated economy and the depreciated value of the dollar. The general rule of law applicable which has been the one recognized for over a hundred years, is to be found in the case of Coleman v. Southwick (1812), 9 Johns, N.Y. 45, 6 Am. Dec. 253 , 254, wherein Chancellor Kent stated: `It is not enough to say, that in the opinion of the court, the damages are too high and that we would have given much less. It is the judgment of the jury, and not the judgment of the court, which is to assess the damages in actions for personal torts and injuries * * * The damages, therefore, must be so excessive as to strike mankind, at first blush, as being beyond all measure, unreasonable and outrageous, and such as manifestly show the jury to have been actuated by passion, partiality, prejudice, or corruption. In short, the damages must be flagrantly outrageous and extravagant, or the court cannot undertake to draw the line, for they have not standards by which to ascertain the exce”

   1 later decision quote this exact passage
   e.g. 145 Ind. App. 159 - Northern Indiana Public Service Co. v. Otis