Perozzi v. Ganiere’s Empirical Analysis

Citation profile

3 district · 23 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. . unless such accident shall have been intentional on the part of said owner or operator or caused by his heedlessness or his reckless disregard of the rights of others.””

   2 later decisions quote this exact passage
   e.g. Estates of Wright v. Pizel · Vogts v. Guerrette

2. “"Article 18, § 7, of the (Oregon) Constitution, provides: `All laws in force in the territory of Oregon when this constitution takes effect, and consistent therewith, shall continue in force until altered or repealed.' By the Act of June 27, 1844, the legislative committee of Oregon * * * provided in part as follows: `The common law of England * * * shall constitute a part of the law of this land.' With reference to the foregoing provisions, this court, in (Citation), observed: `Hence the Act of June 27, 1844, and section 7 of article 18 of the Constitution constitute a statutory and constitutional declaration that the common law of England, unless * * * modified by the statute of Oregon, and not incompatible with the principles of our government, shall constitute a part of the law of Oregon. (Citations.)'" "The right to alter all laws in force in the territory of Oregon when the Constitution was adopted, whether the same were of common-law or legislative origin, was reserved to the people of the state by article 18, § 7, supra. Indeed, that section of our organic act which adopted the common law of England clearly contemplated future changes in the common law, as evidenced in the condition expressed that the common law should continue in force `until altered or repealed.' Moreover, had it been the intention of the framers of the Constitution to adopt and preserve the remedy for all injuries to person or property which the common law afforded, they undoubtedly would have sign”

   1 later decision quote this exact passage · from the majority
   e.g. Vogts v. Guerrette

3. “"The common law is not a fixed and changeless code for the government of human conduct. Its applicability depends to a large extent upon existing conditions and circumstances at any given time. For example, as the complexity of industrial relations has increased, we have seen ingrafted on the common law the defenses of the fellow-servant doctrine, contributory negligence, and assumption of risk. Due to their harshness as directed against the workman, these common law defenses have been by legislation abolished in many of the states during the last two decades. "If we were to give to article 1, § 10, the construction contended for by plaintiff, we should be obliged to declare unconstitutional much of the legislation of recent years, such, for example, as the Workmen's Compensation Law, which deprives the injured workman of the remedy which he had at common law. (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. Vogts v. Guerrette