Ross v. Russell’s Empirical Analysis

Citation profile

1 district · 19 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well settled that a child of tender years is not bound to exercise the same degree of care as an adult but only that degree ‘of care which ordinarily prudent children of her age and intelligence are accustomed to use under like circumstances.’ Colomb v. Portland & Brunswick Street Railway, 100 Me. 418, 420 , 61 A. 898, 899 ; Blanchette v. Miles, 139 Me. 70 , 27 A. 2d. 396. No hard and fast rule can be laid down as to the care required of children. It is a question of the facts of each particular case.” Farrell pro ami v. Hidish, 132 Me. 57 , 165 A. 903 .”

   1 later decision quote this exact passage
   e.g. Johnson v. Rhuda

2. ““This is not a case of a child darting out into the street directly into the path of a car. We have had in the past a number of such cases not only of children, but of adults, who have stepped suddenly from behind a line of cars into the path of a moving automobile. The issue in those cases has been, not one so much of contributory negligence, but of whether the act of the pedestrian may not have been the sole proximate cause of the accident.””

   1 later decision quote this exact passage
   e.g. McCullough v. Lalumiere