Green v. Chotin’s Empirical Analysis

Citation profile

6 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. ““It is contended, however, by defendant, that the proximate cause of the injury was not the hole in the ramp of. defendant, but the hole in the sidewalk which caused plaintiff to stumble. Defendant did not plead contributory negligence and it is only necessary to determine whether or not he was himself negligent. The general rule is that negligence, to render a person liable, need not be the sole cause of the injury. It is sufficient that the negligence concurring with one or more efficient causes other than plaintiff’s fault is the proximate cause of the injury. The fact that the hole in the sidewalk figured to some extent does not relieve defendant of his negligence in permitting the ramp to remain in a dangerous condition. In the case of Birsch v. Citizens’ Elec [tric] Co., 36 Mont. 574 , 93 P. 940, 943 , the court said: ‘We think it may be said to be the general rule, sustained by the great weight of authority, that -‘where the primary cause of an injury is a pure accident, occasioned without fault of the injured party, if the negligent act of the defendant is a co-operating or culminating cause of the injury, or if the accident would not have resulted in the injury excepting for the negligent act, the negligence is the proximate cause of the injury, for which damages may be recovered.’ ””

   1 later decision quote this exact passage
   e.g. Edelman v. Refrigeration Equipment Co.