Abbott v. Howard’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““19. Another section of the Statutes of this State, applicable in this case, reads as follows: ‘47-122. That it shall be unlawful for any neat cattle, horses, mules, asses, swine or sheep, to run at large. 47-123. That any person whose animals shall run at large, in violation of the provisions of section 47-122 of this act, shall be liable to the person injured for all damages resulting therefrom, and the person so damaged shall have a lien on said animals for the amount of such damages.’ “21. As used in the Statute, ‘running at large’ is the strolling, without restraint or confinement, as wandering, roving and rambling at will without restraint. Suffering or permitting an animal to go at large implies knowledge, consent, or willingness on the part of the owner, or such negligent conduct as is equivalent thereto; but does not comprehend a case where animals escape from their owner, after due precaution to secure them has been taken, and without fault or negligence on his part, and he makes immediate and suitable efforts to recover them.””

   1 later decision quote this exact passage · from the majority
   e.g. Clark v. Carson

2. ““As used in the Statute, ‘running at large’ is the strolling, without restraint or confinement, as wandering, roving and rambling at will without restraint. Suffering or permitting an animal to go at large implies knowledge, consent, or willingness on the part of the owner, or such negligent conduct as is equivalent thereto; but does not comprehend a case where animals escape from their owner, after due precaution to secure them has been taken, and without fault or negligence on his part, and he makes immediate and suitable efforts to recover them.” (p. 265.)”

   1 later decision quote this exact passage · from the majority
   e.g. Cooper v. Eberly

3. “■ “You are instructed that the care and diligence that every man is required to exercise in the protection of himself and his property is ordinary care, in view of all the surrounding circumstances, and if you find that the stock were the ordinary and customary stock grown in that immediate vicinity and the fence such as is generally required to restrain that kind of stock, and they escape without his fault, the defendant was not guilty of negligence.””

   1 later decision quote this exact passage · from the majority
   e.g. O'CONNOR v. Black