Sponable v. Thomas’s Empirical Analysis

Citation profile

6 federal appellate · 81 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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In determining whether as a matter of law a plaintiff is guilty of contributory negligence which precludes his recovery for injuries sustained, all of the testimony favorable to the plaintiff must be accepted as true, and if the facts are such that reasonable minds reach different conclusions thereon, the question must be submitted to the jury and cannot be determined by the court as a matter of law.””

   5 later decisions quote this exact passage · from the majority
   e.g. Hukle v. Kimble · Hill v. Southern Kansas Stage Lines Co.

2. ““Was the plaintiff guilty of contributory negligence? The argument is based on the proposition that he was not driving at a rate of speed that would enable him to stop within the distance he could see objects ahead of him. The evidence showed that the plaintiff’s car was equipped with standard lights, which were in operation, and that the beam or ray of light showed forward focusing on the ground about thirty feet ahead of the car, and that the lights were about thirty-six inches above the ground; that the truck was unpainted and a dark, drab color; that it had no lights, either tail or other lights at the rear, nor were there any flares or other lights to warn of its location, and that the lower portion of the back end of the truck was about forty-seven or forty-eight inches above the ground. The truck was on the pavement with the rear thereof slightly over on the left-hand side of the center of the highway. The plaintiff’s speed was about fifteen miles per hour — the highway was slick from sleet and snow. The plaintiff stated he did not see the truck until he was about fifteen feet from it. Other testimony might be detailed, but the above shows the situation. Appellants contend that at the speed plaintiff was driving he should have and could have stopped after seeing the truck, and in any event it was negligence for him to drive at such a rate of speed he could not stop short of any obstruction within the range of his vision, citing [cases], ... If appellant is entitled to ”

   3 later decisions quote this exact passage · from the majority
   e.g. Watson v. Travelers Mutual Casualty Co. · Grisamore v. Atchison, Topeka & Santa Fe Railway Co.

3. ““. . . Decedent, while driving down the highway on a dark, rainy night, collided with the rear end of a semi-trailer and truck that stood squarely in the middle of the traffic lane in which he was driving. There were no lights burning on the truck or trailer to warn oncoming motorists of such obstruction, as is required by law. The rear end of the trailer was a dull, drab and .dirty color, making it difficult to be seen at night. The truck and trailer were stalled on an incliné and the trailer was so high above the pavement level that it was above the range of decedent’s headlights; as a result, the obstruction could not be seen until he was too close to avoid the collision. “Under these facts and circumstances and in view of the presumption that decedent exercised due care for his own safety, it is clear that reasonable minds could differ on the question of whether decendent was guilty of contributory negligence. It was therefore a question of fact for the jury. Moreover, decedent, proceeding along the highway, had a right to assume there were no hidden, undisclosed defects, such as an unlighted truck, standing in the path of travel. . . (Emphasis supplied.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Grisamore v. Atchison, Topeka & Santa Fe Railway Co. · Deemer v. Reichart