Bejach v. Colby’s Empirical Analysis

Citation profile

5 federal appellate · 10 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “where negligence on the part of the plaintiff is remotely connected with the cause of the injury, the question to be determined is whether the defendant, by the exercise of ordinary care and skill, might have avoided the injury. If he could have done so, the remote and indirect negligence of the plaintiff cannot be set up as an answer to the action. Such negligence will only be considered in mitigation of the damages. * * * If the plaintiff were guilty of negligence which directly and proximately contributed to bring about the injury, it would make no difference whether that negligence was slight or gross, he could not recover. If, however, such negligence did not directly contribute to bring about the injury, the plaintiff can recover; the degree of negligence being immaterial, except in so far as it goes in mitigation of the damages.”

   1 later decision quote this exact passage · from the majority
   e.g. Horace Evans v. Raymond G. Mahal and Keith Mahal

2. “The rule at common law was, and in this state still is, that any negligence on the part of the plaintiff, which contributes directly to the injury, will bar an action. Railroad v. Pugh, 97 Tenn. 624, 37 S.W. 555.”

   1 later decision quote this exact passage · from the majority
   e.g. City of Knoxville v. Bailey