148 N.C. App. 372 - Culler v. Hamlett’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) [t]hat the pedestrian negligently placed himself in a position of peril from which he could not escape by the exercise of reasonable care; (2) that the motorist knew, or by the exercise of reasonable care could have discovered, the pedestrian's perilous position and his incapacity to escape from it before the endangered pedestrian suffered injury at his hands; (3) that the motorist had the time and means to avoid injury to the endangeredpedestrian by the exercise of reasonable care after he discovered, or should have discovered, the pedestrian's perilous position and his incapacity to escape from it; and (4) that the motorist negligently failed to use the available time and means to avoid injury to the endangered pedestrian, and for that reason struck and injured him.”

   4 later decisions quote this exact passage
   e.g. 243 N.C. App. 548 - Scheffer v. Dalton · 168 N.C. App. 240 - Pearce v. Rosenblum

2. “[m]ust be submitted to the jury if the evidence, when viewed in the light most favorable to the plaintiff, will support a reasonable inference of each essential element of the doctrine.”

   3 later decisions quote this exact passage
   e.g. 243 N.C. App. 548 - Scheffer v. Dalton · 165 N.C. App. 543 - Addison v. KYE

3. “A directed verdict should be granted in favor of the moving party only where the evidence so clearly establishes that fact in issue that no reasonable inferences to the contrary can be drawn, and if the credibility of the movant's evidence is manifest as a matter of law.”

   2 later decisions quote this exact passage
   e.g. 156 N.C. App. 29 - Floyd v. McGill · 168 N.C. App. 240 - Pearce v. Rosenblum