147 So. 2d 188 - Malcolm v. Patrick’s Empirical Analysis

Citation profile

2 federal appellate · 15 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where a plaintiff establishes a prima facie case of negligence, the burden of proof is cast upon the defendant to show the sudden physical or mental incapacity and further to show that it was unanticipatable and unforeseen. Keller v. Wonn, 1955, 140 W.Va. 860 , 87 S.E.2d 453 ; Driver v. Brooks, 1940, 176 Va. 317 , 10 S.E.2d. 887 ; Lehman v. Hayman, 1956, 164 Ohio St. 595 , 133 N.E.2d. 97”.”

   2 later decisions quote this exact passage
   e.g. Hatz v. Weiss · 891 So. 2d 1096 - Feagle v. Purvis

2. ““We have stated the rule as being that loss of consciousness is a good defense when there is no premonition or warning. In asserting this defense, the defendant assumes the burden of proof. There are two essentials which one must establish in order for the defense to be a valid one, (1) the sudden mental or physical incapacity, and (2) the unanticipatable and unforeseen nature of such incapacity. Plaintiff here was called upon only to establish a prima facie case of negligence; it was not incumbent upon her to prove that there had been no forewarning but instead it was upon the defendant to go forward with the proof of his defense”.”

   1 later decision quote this exact passage
   e.g. Hatz v. Weiss

3. ““It is not even simple negligence if one has a sudden attack, loses control of his car and causes an accident if he had no premonition or warning. In such event, the very foundation of negligence — knowledge and hence foreseeability — is absent”.”

   1 later decision quote this exact passage
   e.g. Hatz v. Weiss