Miller v. Porter’s Empirical Analysis
1968
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently March 2020
20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Desmarais v. Pinto · Lengel v. New Haven Gas Light Co. · Fine v. Connecticut Co. · Intelisano v. Greenwell · Cote v. Palmer
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The charge on the doctrine of sudden emergency allowed the jury to believe that they could find that the defendant acted as a reasonably prudent person after the emergency arose. There are no claims of proof in the finding, however, from which the jury could find or infer that the defendant had any opportunity to take any action whatsoever after the emer-geney arose. The charge on sudden emer-geney was calculated to prejudice the rights of the plaintiffs and was harmful. There is error, the judgment is set aside and a new trial is ordered.”
1 later decision quote this exact passage“(1) that an emergency actually existed, (2) that the perilous situation was not created by the [party asserting the defense], (3) that the [party], confronted with the emergency, chose a course of action which would or might have been taken by a person of reasonable prudence in the same or a similar situation.”
1 later decision quote this exact passage“if ... there are no claims of proof which show ... an opportunity existed [to choose a course of action after the emergency arosel, the court should not charge on the doctrine of sudden emergency”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.