Bernal v. Seitt’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Assuming what may well be the case, that there could be no recovery of exemplary damages against one in Ritter’s position (none were awarded), it yet does not follow that Ritter may not be liable for compensatory damages for the gross negligence of the driver. Exemplary damages for gross negligence are awarded by way of civil punishment of — as distinguished from compensation by — a party who does harm with a callous state of mind. But the matter of charging a principal with compensatory damages for the gross negligence of an agent is simply one of how far the ancient rule of respondeat superior is to apply. The law is correctly stated in Lusk v. Onstott, Tex.Civ.App., 178 S.W.2d 549, 553 .””

   1 later decision quote this exact passage · from the majority
   e.g. Sheffield Division, Armco Steel Corporation v. Jones

2. ““Obviously every instance of gross negligence includes one of ordinary negligence; and here we have circumstances beyond mere speed, failure to keep control and so on, from which the jury might not unreasonably draw the inference of conscious indifference. The undoubted skill and experience of the driver cuts both ways. Although he had reason for self-confidence, as distinguished from callousness, he also had reason to appreciate the danger and to know that even the most skilful drivers have accidents.””

   1 later decision quote this exact passage · from the majority
   e.g. Fancher v. Cadwell