Perry v. . Kime’s Empirical Analysis

Citation profile

1 federal appellate · 2 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We have been confronted, on one hand, with the legal principle that, when there is a breach of contract or a tort, and damage ensues as the direct and natural result, the party injured is entitled to just compensation, and that the uncertainty as to amount is not more doubtful than in other cases in which recoveries are sustained here and elsewhere, such as profits in business under certain conditions and physical pain and mental anguish, and, on the other, with the knowledge that so many and such diverse circumstances affect the yield of crops that it is almost impossible to find out the cause or to estimate the result. “The character of the soil and its condition, the kind of seed used, when planted and how; the preparation of the soil for planting, the quality of fertilizer, the quantity and the time and manner of its application, the cultivation of the crop, the harvesting of the crop, the seasons, and other circumstances enter into the estimate of what ought to be made, and, when all are favorable, it is rare that the owner of land gathers in the fall what he expected in the spring. “A delay of a week in planting may make or destroy the crop, and sometimes, under apparently similar conditions, there is a good crop on one side of the road and a poor yield on the other side. “These considerations have led to the conclusion that a recovery of damages on account of the diminished yield of the crop will not be allowed upon a mere comparison of the crop yield of one year with”

   1 later decision quote this exact passage
   e.g. Coca-Cola Bottling Co. of Henderson v. Munn