Collins v. Smith’s Empirical Analysis

Citation profile

169 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 171 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Petitioner insists that this testimony had no probative force even if admitted without objection. The disqualification of witnesses under Art. 3716, supra, can be waived by failure to object at the proper time and for the proper reason, and when the disqualification is so waived the testimony has probative force. Besteiro v. Besteiro, 65 S.W.2d 759 (Tex.Com.App.); Adam v. Adam et a 1., 127 S.W.2d 1001 (Tex.Civ.App.); 14 Tex. Jur., p. 329, sec. 544.””

   1 later decision quote this exact passage · from the majority
   e.g. Brightwell v. Barlow, Gardner, Tucker & Garsek

2. ““Rule 320, Texas Rules of Civil Procedure, says that a motion for new trial shall ‘Specify each ground on which it is founded, and no ground not specified shall be considered.’ In that respect the rule is merely Art. 2232, R.S.1925, which, in substantially the same language, has been the law in Texas for many years. The word specify means ‘to mention or name in a specific or explicit manner; to tell or state precisely or in detail.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Donaghey v. Van Cleave

3. ““The jury finding that Edge did not yield half the road and that the same was negligence and a proximate cause of plaintiff’s damages was sufficient to support the trial court’s judgment.. Hence it is unnecessary to consider whether there was error in submitting issues on proper lookout and excessive ' speed.””

   1 later decision quote this exact passage · from the majority
   e.g. Lofton v. Lindsey