McIntire v. Burns’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * ‘It is the duty of the trial court upon his own motion to properly instruct the jury upon the decisive issues formed by the pleadings and the evidence, and a failure to do so constitutes reversible error.’ ””

   3 later decisions quote this exact passage · from the majority
   e.g. Bay Petroleum Corp. v. May · Indian Territory Illuminating Oil Co. v. Johnson

2. ““We believe that instruction No. 9, which absolves plaintiff from any negli- ligence of her driver, and instruction No. 10, which absolves her from any contributory negligence of the driver, are misleading in this, that they instruct the jury that plaintiff would be entitled to recover unless she (the plaintiff) was guilty of negligence or contributory negligence, and this without any reference to whether the defendant was negligent or not. We do not believe that this is cured by the giving of other instructions. Instruction No. 12 is misleading for the reason that while the issue was raised by the pleadings, there was no evidence by either party that the bus ran into the car in which plaintiff was riding, but all of the evidence showed that the automobile in which plaintiff was riding ran into the bus, and struck it approximately at the center of the west side.” (Emphasis ours.)”

   1 later decision quote this exact passage · from the majority
   e.g. Lindemann v. Randolph

3. ““In an action for damages for injury to an automobile, caused by collision at a street intersection, where the testimony clearly shows that each driver at the time of the collision was upon the right of the center of the street upon which he was driving as he approached the intersection, and where the testimony further shows in detail the nature, extent, and location of the injuries to each car from the collision, it is a question of fact for the jury to determine as to which driver first entered the intersection and was entitled to right of way across it.””

   1 later decision quote this exact passage · from the majority
   e.g. Lance v. Smith