Wright v. Traders & General Insurance’s Empirical Analysis

Citation profile

166 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 168 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Do you find from a preponderance of the evidence that such total disability and total loss of time, if any you have found to exist, continued to exist until the present time? “Answer Yes or No. Answer: Yes. “If you have answered Special Issue No. 3 ‘Yes’, you need not answer Issue 4; but if you have answered Issue No. 3 ‘No’, then answer: “For what period of time do you find from a preponderance of the evidence that such total disability and total loss of time, as that term has been hereinabove defined, continued from and after September 30, 1948, if you have found that plaintiff sustained total disability and total loss of time on said date?”

   6 later decisions quote this exact passage · from the majority
   e.g. Federal Underwriters Exchange v. Popnoe · Associated Indemnity Corp. v. McGrew

2. ““Practically speaking there is no absolutism in procedure, especially in that branch of the trial procedure having to do with submitting causes upon special issues. Difficult problems in submission are not infrequent with the trial judge. Fort Worth & D. C. Ry. Co. v. Rowe, supra [Tex.Civ.App., 69 S.W.2d 169 ]. As stated by Chief Justice Gaines speaking in another, but related, connection in Silliman v. Gano, 90 Tex. 637 , 39 S.W. 559 , 561, 40 S.W. 391 : ‘But the rules of procedure in the courts should he so framed as to secure substantial justice, and any oversight of the court or of counsel, which, within certain limitations, is not calculated to operate to the prejudice of the parties, and has not so operated, should be disregarded.’ “The form of the special issues employed in submitting each case to the jury must depend in some measure at least upon its own peculiar pleadings and evidence and the practical difficulties the trial judge is faced with in ascertaining, through special issues, the essential facts; and the measure of his discretion in so doing is limited only to the extent indicated in the foregoing quotation.””

   2 later decisions quote this exact passage · from the majority
   e.g. Stevenson v. Wilson · Ginther v. Southwest Workover Company

3. ““It is true that a finding of total incapacity excludes the converse of partial incapacity, and vice versa. In that sense converse issues are involved. The issues submitting the two inquiries as to the result of the injuries, — one whether total and the other whether partial, — are converse, but not opposite . . . It is necessary in cases involving converse issues to submit both, notwithstanding partial duplication may result; . . .””

   2 later decisions quote this exact passage · from the majority
   e.g. Select Insurance Co. v. Boucher · Select Insurance Co. v. Boucher