Thompson v. Barnard’s Empirical Analysis

Citation profile

9 federal appellate · 17 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The fraudulent concealment of a cause of action by a defendant, even though that cause of action may not have arisen in fraud, will prevent the bar of limitation where plaintiff, after exercising ordinary diligence, fails to discover the existence of a cause of action. Owen v. King, 130 Tex. 614, 111 S.W.2d 695, par. 3, 114 A.L.R. 859; Steele v. Glenn, Tex.Civ.App., 57 S.W.2d 908; Id., 141 Tex. 565, 61 S.W.2d 810, par. 2. Fraudulent concealment of a cause of action is not, however, a new and separate cause of action in itself. It merely estops the guilty party from asserting or relying upon the defense of limitation until his fraud was, or could by the exercise of ordinary diligence, have been discovered by the plaintiff. Steele v. Glenn, supra.”

   1 later decision quote this exact passage
   e.g. Linke v. Sorenson

2. “The law of this state is realistic. Substance prevails over form. It is perfectly manifest that, notwithstanding the form given to the petition, the gravamen of the action was malpractice, which is a tort, and the action was barred by the two-year statute of limitations.”

   1 later decision quote this exact passage
   e.g. Stephen J. Kozan v. Dr. Glenn E. Comstock

3. “* * * While there are decisions to the contrary, the apparent weight of authority is that a surgeon's failure to remove a sponge before closing the incision is negligence as a matter of law.”

   1 later decision quote this exact passage
   e.g. Harle v. Krchnak