McCoy v. Fleming’s Empirical Analysis

Citation profile

52 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellant argues that it was practical for plaintiff to have moved off the paved portion of the highway and on to the shoulder thereof, and that because he didn’t do so he violated the statute. That argument ignores the latter part of the statute and the factual situation. The highway was blocked by the first collision which caused the succeeding traffic to stop. The record is silent as to the condition of the cars there involved hut that their condition caused a stoppage in the flow of traffic is admitted. No one of the cars in that line of traffic may be said to have been stopped at the wish or desire of the driver, and that is what the statute denounces, but because conditions ahead compelled the stopping. Under the conditions existing, and in the exercise of ordinary care it was impossible for drivers of the cars in the line of traffic and for the plaintiff to avoid stopping. The fact plaintiff did not drive his car further to the right, or on the shoulder of the highway, did not make him guilty of violating the above statute.” 113 P.2d at 1076 .”

   2 later decisions quote this exact passage · from the majority
   e.g. Chard v. Bowen · Fairbanks v. Hodschayan

2. ““. . . No citation of authorities in support of appellant’s meager argument is contained in the brief, and this court might well conclude that counsel, after diligent search, had not been able to find any, in which case the judgment should be affirmed. . . .” (p. 783.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Phippen