157 Ga. App. 691 - Palmore v. Stapleton’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An unavoidable accident is defined as one which under all the circumstances could not have been prevented by the exercise of reasonable care. In its proper use the term `accident' excludes negligence; that is, an accident is an event which occurs without the fault, carelessness, or want of proper circumspection of the person affected, or which could not have been avoided by the use of that kind and degree of care necessary to the exigency and in the circumstances in which he was placed. The theory of `accident' only applies when the injury does not result from the negligence of either party, and is a mere casualty not due to the negligence of anyone, [cit.], but may be due to the negligence of a third person not a party to the suit. [Cit.]”

   1 later decision quote this exact passage
   e.g. 169 Ga. App. 338 - Chadwick v. Miller

2. “should be resolved, excepting very rare cases, by the jury and not by trial and appellate judges. [Cit. ] ... [T]he existence of liability ... [should] be determined by a jury unless there was no dispute as to the facts, and they amount to a confession of liability as a matter of law. [Cit. ]”

   1 later decision quote this exact passage
   e.g. 196 Ga. App. 607 - Neiswonger v. Janics