139 Ind. App. 14 - Ryan v. Leach’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A person who is driving an automobile on a public highway is not bound to anticipate or foresee any mechanical failure on the part of his automobile unless he actually knew of the defective condition or could have discovered the same in the exercise of reasonable care. Therefore, if you find that the collision in this case was caused by a failure of the brakes on the automobile of the defendant, and if you further find that the defendant did not know that the brakes on his automobile were defective or that he could not have discovered the defective condition by a reasonably careful inspection, then your verdict must be for the defendant.””

   1 later decision quote this exact passage
   e.g. 141 Ind. App. 672 - McCleary v. Mowery

2. ““The specific objection to the instruction was that it omitted the element of proximate cause. “The objection to the instruction should have been sustained. Mechancial failure which was merely one of the causes of injury would not defeat recovery, assuming the defendant’s negligence to be a proximate cause and the failure to be not reasonably foreseeable. To clarify this further, the mechancial failure referred to in the instruction was a matter of defense. It could constitute a complete defense only if mechanical failure was the sole proximate cause.” (Emphasis supplied).”

   1 later decision quote this exact passage
   e.g. 141 Ind. App. 672 - McCleary v. Mowery