Cruse v. Dole’s Empirical Analysis

Citation profile

69 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"1. Contributory negligence is conduct on the part of a plaintiff which falls below the standard to which he should conform for his own protection and which is a legally contributing cause, cooperating with the negligence of the defendant, in bringing about the plaintiff's harm. It is conduct which falls short of the standard to which a reasonable man should conform in order to protect himself from harm. "2. When the facts relating to contributory negligence are such that men of reasonable minds might reach different conclusions, the question is for the trier of the fact, otherwise it is one of law. "3. While the general rule is that the burden of establishing the plaintiff's contributory negligence rests upon the defendant, if the plaintiff's own evidence shows him guilty of negligence which precludes his recovery, the defendant may take advantage by demurrer."”

   3 later decisions quote this exact passage · from the majority
   e.g. Sullivan, Administrator v. Davidson · Henderson v. Kansas Power & Light Co.

2. ““Generally speaking, in an action for wrongful death, recovery is limited to pecuniary loss by the statutory beneficiaries (Pattrick v. Riggs, 148 Kan. 741, 742, 84 P.2d 840 ). In the case at bar there was evidence as to the loss sustained by the husband but none whatever as to the daughters. . . . Generally in such case, under a wrongful-death statute similar to ours, the husband may not recover, and any amount he would otherwise have received is deductible from the amount recoverable by the survivors as a group, the rest being distributed among the survivors as though the husband did not exist (Restatement, Torts, § 493).” ( 155 Kan. at 297 . Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. 1 Kan. App. 2d 464 - Frost v. Hardin

3. ““While the rule is that the burden is on the defendant to prove contributory negligence, it will not be interpreted to mean that if plaintiff’s own evidence shows him guilty of such negligence as precludes a recovery the defendant cannot take advantage of it.” ■ (Syl. If 3.)”

   1 later decision quote this exact passage · from the majority
   e.g. Slaton v. Union Electric Railway Co.