Tinney v. Williams’s Empirical Analysis

Citation profile

12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If the facts concerning the injury are alleged and supported by the evidence, the measure of the damage is ,a question of law for the court, but the pleading must reveal' the 'basis upon which the plaintiff seeks to recover and the -measure of the damages will be applied in accordance with the allegations. It is not permissible, therefore, for the plaintiff to allege his damages under the market value rule and then establish them under the rule which allows a recovery of the reasonable cost of repair. To hold otherwise, would violate the fundamental principle of pleading, which is to inform the opposite party of what the pleader expects to prove, and open the way for deception in that respect.””

   1 later decision quote this exact passage
   e.g. South Plains Ready-Mix, Inc. v. McDermett

2. ““ . It is permissible for a plaintiff to recover the reasonable expenses incurred by him in having his property restored to its former condition where it is properly pleaded, but defendants in such cases are not liable for the amount paid out by the plaintiff nor for the amount agreed to be paid by him because the defendant was not a party to such agreement. The rule is, therefore, that it must be shown by both pleading and evidence that the amount so paid out was reasonable and the injured party is permitted to recover only such an amount as would be reasonably incurred in repairing his property and restoring it to its former condition.” (citing cases).”

   1 later decision quote this exact passage
   e.g. Hyatt v. Sterling