142 So. 2d 537 - Wall v. Windmann’s Empirical Analysis

Citation profile

1 district · 14 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. “The word “maintenance,” used in this policy, covers all acts which come within its ordinary scope and meaning. To “maintain” means to preserve or keep in an existing state or condition and embraces acts of repair and other acts to prevent a decline, lapse, or cessation from that state or condition. In a wide variety of situations the word “maintain” has been taken to be synonymous with “repair.” This is the usual meaning, the dictionary meaning, and the meaning which must control in the absence of a clear expression of a contrary intention.”

   2 later decisions quote this exact passage
   e.g. State Farm Mutual Automobile Insurance Co. v. Nolen · Thomas v. Liberty Mutual Insurance

2. ““On October 23,1957, plaintiff, Virgil Wall, and one Calvin Windmann, automobile mechanics, both being employees of Dumas Chevrolet Company, an automobile dealer in New Orleans, were working together in the employer’s establishment adjusting a new automotive pickup truck so as to make it fit to deliver to a customer of the dealer. Plaintiff, Wall, standing in front of the vehicle, the hood of which was open and up, was working on the engine while Windmann was inside the cab with his legs upon the seat and his back on the floor making some adjustments under the instrument panel or dashboard. Each of the men knew the other was working on the truck, but were unable to see each other because of the open hood. “At one stage of the work plaintiff called to Windmann to start the motor, and Windmann, while in the upside-down position, turned the ignition key and pressed the starter button unaware that the truck was in gear or that Wall was in front of the truck. The vehicle lurched forward pinning plaintiff’s right leg between a workbench and the front bumper, causing severe injuries.””

   1 later decision quote this exact passage
   e.g. Smith v. Indiana Lumbermens Mutual Insurance

3. “arising out of the ownership, maintenance or use of the owned automobile,”

   1 later decision quote this exact passage
   e.g. Government Employees Ins. v. Wharen