Lombardy v. Stees’s Empirical Analysis

Citation profile

4 district · 6 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The record is barren of any testimony to the effect that the assault complained of was expressly or impliedly authorized. The only express authority given Brasier (the bartender) was to serve drinks and to refuse to serve any patron who had had too much. The question decisive of this case is whether or not the blow which caused the injury and damage was struck in maintaining order in the premises. When the bartender refused to serve plaintiff any further drinks, plaintiff immediately turned away and started to leave the premises. There was no order to be maintained, because there was no disturbance of any kind. It is •clear from the testimony of the bartender that the blow was motivated by a personal insult by plaintiff, who called him a bad name. * * * “The incident here arose out of a personal and private matter between plaintiff and the bartender and in the bartender’s resentment thereof; there was no connection whatever with the keeping of order in the barroom, or in furthering the owner’s business.””

   1 later decision quote this exact passage · from the majority
   e.g. Maddex v. Ricca