Towle v. Phillips’s Empirical Analysis

Citation profile

9 federal appellate · 24 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““No doubt the vertical climb was the proximate cause of the crash. On the record before us it may have been caused by Webb’s handling of the controls available to him, or by Towle’s handling of the controls available to him, or it may have been caused by something not explained, for which neither man was responsible. It would be a guess to say that Webb’s negligence was the responsible agency.””

   2 later decisions quote this exact passage · from the majority
   e.g. Schumacher v. Swartz · Hall v. Payne

2. “One essential for the application of res ipsa loquitur is that the instrumentality or thing which caused the accident must have been under the sole control, the exclusive management, of the defendant. Such was not the case here. This airplane had dual controls, one before each seat, and it could be operated with either set of controls. It is not shown that the controls in front of the passenger were disconnected. So it is plain that the course of the machine might have been directed by Towle as well as by Webb. Webb did not have exclusive control and the rule relied on is not to be invoked against him.”

   1 later decision quote this exact passage · from the majority
   e.g. Boyatt v. Yancey

3. ““Webb had taken two other friends for a ride before he took Towle. He attempted no aerobatics or stunts on these flights, manifested no disposition to show off his airplane. When circling back over the field at a low altitude, it is possible that he intended to land.””

   1 later decision quote this exact passage · from the majority
   e.g. Schumacher v. Swartz