Noel v. McCaig’s Empirical Analysis

Citation profile

32 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The ultimate question, therefore, is whether material portions of petitions challenged by motions to make definite and certain fairly apprised defendants of the nature of plaintiffs’ claim. If they did the motions were properly overruled and plaintiffs are entitled to have the third amended petition liberally construed in their favor . . .” (p. 112.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Rupe v. Smith · In Re Estate of Dikeman

2. ““The highway where the plaintiff and his attendant stood is known as West Sixth Street in the City of Topeka, and is on the route of Kansas State Highway No. 4, and U. S. Highway No. 40, and is a heavily traveled highway continuously used by fast moving traffic. “11. In view of plaintiff’s mental infirmities, which were well known to the defendant, The Menninger Foundation, the act of said defendant’s agent, servant and employee in taking plaintiff to said place designated for the use of pedestrians in crossing the busy highway, and the further conduct of the said defendant’s agent, servant and employee in failing to restrain the plaintiff after he had expressed a desire to cross the highway, were negligent acts and omissions of duty. Thereupon, the plaintiff, who was by reason of his mental infirmities (as was well known, or in the exercise of reasonable care and caution should have been well known to the defendant, The Menninger Foundation, and to its said agent, servant and employee) unable to understand and appreciate the fact that this was a heavily traveled highway where he would encounter the hazards and dangers of being struck by an automobile or truck, attempted to cross.the highway at that point. “12. After he started to cross the street, and as the plaintiff reached the traveled portion of the highway, he was struck and knocked to the ground by an eastbound truck of the defendant, McCaig Plumbing Company, which was being driven or operated by an agent, servant and ”

   1 later decision quote this exact passage · from the majority
   e.g. Noel Ex Rel. Noel v. Menninger Foundation

3. ““A majority of courts take the view that a diminished mental capacity not amounting to outright insanity or incompetence may be taken into consideration by the jury in determining whether the plaintiff [patient] has exercised the requisite degree of care for his own safety. Thus, it has been stated that even some lesser degree of mental impairment than retardation or psychosis may preclude a finding of contributory negligence, if the plaintiff s [patient’s] faculties are not sufficient to perceive and avoid a particular risk of harm. “In support of this position, it has been said that the plaintiff [patient] is held to exercise only such faculties and capacities as he is endowed with by nature for the avoidance of danger, and what may be justly held to be contributory negligence in one is not necessarily such in another. Thus, if the evidence is not such as to admit of no other rational conclusion than that the plaintiff s [patient] mental incapacity was such as to render him incapable of contributory negligence as a matter of law, the evidence may nevertheless suffice to present an issue of fact for the jury as to whether plaintiff [patient] was accountable for his own actions.””

   1 later decision quote this exact passage · from the majority
   e.g. Maunz v. Perales