Weber v. Eaton’s Empirical Analysis

Citation profile

21 federal appellate · 14 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““George Stekovich joined the party at the first cafe visited in Steelton. There ensued a tour of cafes at Steelton and Hershey, during which the members of the party drank intoxicating liquor. Corporal Manion, the driver of the car, during the course of approximately one and three-quarters hours, drank not less than nine beers and five whiskeys. The evidence would indicate that it was more than this amount. George Stekovich was a voluntary member of the party throughout this entire time and fully aware that Corporal Manion was not fit to drive an automobile when they left Hershey, Pennsylvania, with the intention of going to Steelton, Pennsylvania. “Near the outskirts of Hershey, Corporal Manion, driving the vehicle at approximately 45-50 miles per hour in a 35 mile per hour zone, collided with the center pier of a railroad underpass. Both George Stekovich and Corporal Manion were killed. I therefore conclude that Corporal Manion’s negligence caused the accident, that his negligence was brought about by the drinks which he had taken during the approximately one and three-quarter hour period immediately prior to the accident, and that George Stekovich, fully aware of Corporal Manion’s drinking at the time he re-en tered the car at Hershey, Pennsylvania, assumed the risk.””

   1 later decision quote this exact passage
   e.g. 16 Pa. D. & C.2d 494 - Reedy v. Brown

2. “[T]here was evidence before the jury from which it could have concluded that [the driver's] negligence caused the injuries, that his negligence was brought about by the drinks which he had taken a short time before the accident, and [plaintiff] knew of his drinking when she entered the car. The jury should have been told, therefore, that if it believed the evidence and drew therefrom the conclusions to which reference has just been made, it could not find a verdict for [plaintiff].”

   1 later decision quote this exact passage
   e.g. Irene W. Quisenberry and Bruce W. Quisenberry v. Samuel Herman and Clara H. Herman

3. “Contributory negligence and assumed risk are so closely related as sometimes to be almost, if not entirely, indistinguishable. In cases which do not arise between master and servant, the two terms may well be considered synonymous in the sense that one who voluntarily places himself in a perilous position, when the potentional danger is apparent, is not exercising ordinary care for his own safety.”

   1 later decision quote this exact passage
   e.g. Staphan L. Koserkoff, and Cross-Appellant v. Chesapeake & Ohio Railway Company, and Cross-Appellee