Jasper v. Freitag’s Empirical Analysis

Citation profile

4 federal appellate · 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This court repeatedly and consistently has held that questions of negligence, contributory negligence, and proximate cause of an injury are questions of fact for the determination of the jury, and that unless the evidence is such that only one conclusion can reasonably be deduced therefrom, such determination by the jury is final and binding on this court. It is only when the facts and circumstances are such that reasonable men can draw but one conclusion therefrom that the question of negligence and contributory negligence becomes a question of law for the court.”

   2 later decisions quote this exact passage
   e.g. Emery v. Northern Pacific Railroad · Emery v. Northern Pacific Railroad

2. “The presumption of law is, in the absence of any evidence to the contrary, that an owner present in his own car has power to control it. However, this presumption may be overcome, if the evidence establishes by a preponderance of the evidence that the owner of the car (in this case the plaintiff) has by word or action, expressly or impliedly, transferred his right of control to the driver (in this case the defendant Elmer Hauff). Where there is evidence of any such words, actions or conduct on the part of the plaintiff, or any other circumstances or evidence bearing on the question as to whether he in fact surrendered his right of control, then this question becomes a factual one for determination by you as the jury.”

   1 later decision quote this exact passage
   e.g. Froemke v. Hauff

3. “We believe that the instruction of the trial court in this case that “there is a presumption, in the absence of any evidence to the contrary, that an owner present in his or her car has the power to control it,” was therefore misleading, without a further instruction to the jury that the plaintiff could not be barred from recovery unless the evidence further establishes that she was negligent in failing to control the conduct of the driver under the circumstances in this case.”

   1 later decision quote this exact passage
   e.g. Froemke v. Hauff