Daniel v. Morency’s Empirical Analysis

Citation profile

2 district · 5 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The cavity in the black top of the sidewalk and the submerged filler cap were visible and in the direct course of the plaintiff. Nothing save the inattention of the plaintiff could have prevented her from noticing and evading the open closure which she never saw until her foot was settling into it beyond the possibility of retraction. Following her mishap the plaintiff found the crater and cap readily perceptible. Considering only the testimony most favorable to the plaintiff we must conclude that she was guilty of contributory negligence."”

   1 later decision quote this exact passage
   e.g. Young v. Price

2. “"Q. Did you see the filler at that time? * * * * * * "A. I didn't see the hole, no, just see the sidewalk and start walking * * *. * * * * * * "Q. You didn't see the filler cap at all? "A. No. * * * * * * "A. Well, when I stepped in then I saw it, when I stepped in it I see it then."”

   1 later decision quote this exact passage
   e.g. Young v. Price

3. “the burden of establishing by a preponderance of the evidence that her conduct was duly careful and did not contribute to her adversity.”

   1 later decision quote this exact passage
   e.g. Young v. Price