Barlow v. Lowery’s Empirical Analysis

Citation profile

2 district · 22 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The ‘doctrine of the last clear chance,’ or ‘the doctrine of discovered peril,’ is recognized in Maine, and may or may not be applicable in negligence cases, depending on the circumstances. It applies after the defendant has become, or should become, aware that the plaintiff is in a position of peril, and that the plaintiff cannot reasonably escape in the exercise of due care, while the defendant has the opportunity, by exercise of reasonable care, to avoid injury. The doctrine of last clear chance is applicable where the negligent acts of the two parties are not concurrent. The negligence of the plaintiff has ceased, or is too remote. The negligence of the defendant is the last negligence, and is the proximate cause. It is the last chance, and it must be the last clear chance. It cannot be invoked if the plaintiff’s own act is the last negligent act, or if the plaintiff’s own negligence is actively concurring.””

   1 later decision quote this exact passage
   e.g. Cushman v. Perkins

2. “* * * Ordinary care may sometimes require that he walk on the left-hand side, in order to better see and avoid approaching cars. He must indeed be vigilant for his own safety when he is walking on, or even too near, the right-hand travelled portion of a way with his back to oncoming vehicles.”

   1 later decision quote this exact passage
   e.g. Brodd v. Priem