154 W. Va. 1 - Whittaker v. Pauley’s Empirical Analysis

Citation profile

17 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. ““If you believe from the evidence in this case that the defendant, R. Eugene Harper, failed to keep such a lookout and to operate his automobile in a reasonable, careful and prudent manner, and as a result of such failure he collided with the automobile which the plaintiff, Delmis Donta, was driving and caused the injury and damages complained of, and that such negligence of R. Eugene Harper, the defendant, was a proximate cause of the injuries and damages, and that Delmis Donta was free from any negligence which contributed to his injury, then the jury should find a verdict in favor of the plaintiff, Delmis Donta.””

   1 later decision quote this exact passage
   e.g. 168 W. Va. 237 - Donta v. Harper

2. “Instructions must be read as a whole, and if, when so read, it is apparent they could not have misled the jury, the verdict will not be disturbed, though one of said instructions which is not a binding instruction may have been susceptible of a doubtful construction while standing alone.”

   1 later decision quote this exact passage
   e.g. 173 W. Va. 75 - McAllister v. Weirton Hospital Co.