128 Ind. App. 475 - Siebeking v. Ford, Admx., Etc.’s Empirical Analysis

Citation profile

3 federal appellate · 39 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellee’s Instruction No. 2: “The plaintiff has dismissed his case as against Earle Covalt and United Taxi Company, Inc. It has been stipulated by defendant, Clinton G. Cauldwell, Inc., that said Earle Covalt, at all times complained of in this case, was acting as its agent. Any negligence of which he may have been chargeable under the complaint would necessarily also be chargeable against Clinton G. Cauldwell, Inc. And hence any verdict you would find in favor of the plaintiff, if you find for the plaintiff in this cause, would be only against said Clinton G. Cauldwell, Inc., the sole remaining defendant.” Appellants’ Objection Thereto: “At the close of all of the evidence in this case and before the beginning of argument, the Defendant objects to the giving of Plaintiff’s Instruction No. 2 for the reason that the Court in effect is excusing the conduct of the Plaintiff in dismissing his action as against one of the Defendants, basing that upon the use of the word ‘since’ as set out in the instruction. Defendant further objects to the Plaintiff’s Instruction No. 2 for it in effect invades the province of the Jury and directs the Jury to find a verdict in favor of the Plaintiff.””

   1 later decision quote this exact passage
   e.g. 133 Ind. App. 138 - CAULDWELL, INC. v. Patterson

2. ““The right of a parent to the services of his minor child is a property right. * * * In Hahn v. Moore, supra, this court said: “ ‘The right of a parent to the services of his minor child is a property right and the statute Sec. 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.’ “An action based upon the pecuniary loss suffered by the parent when wrongfully deprived thereof differs from the right of a widow or next of kin to recover, through a personal representative, for injuries sustained by reason of the death of an adult or emancipated minor, in that the latter is grounded upon their pecuniary interest in the life of the decedent and not on a property right. Hahn v. Moore, supra. 128 Ind.App. at 496-497 , 148 N.E.2d at 206-207 .”

   1 later decision quote this exact passage
   e.g. Boland v. Greer