Bishop v. Huffman’s Empirical Analysis

Citation profile

33 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. ““. . . I have made a review of the evidence. I have weighed the testimony on the question of the plaintiff, Mr. Herhel’s contributory negligence, and I have considered the discretionary powers vested in the trial court and I have come up with the following result, and again this is case law that if a trial court is dissatisfied with the verdict, it not only has the authority but it is its duty to set such verdict aside. In the event this matter should be appealed to the Supreme Court, and so the record is clear at this point, the Court is sustaining the motion for a new trial.” (Emphasis added.)”

   4 later decisions quote this exact passage · from the majority
   e.g. Barajas v. Sonders · Herbel v. Endres

2. ““Another established rule in this jurisdiction is that the question whether a pedestrian about to cross a street intersection, who looks for approaching traffic and then enters such intersection under the authority of a go signal and attempts to cross under conditions and circumstances such as are here involved, is guilty of contributory negligence is a factual question to be determined by the triers of fact.” (p. 273.)”

   1 later decision quote this exact passage · from the majority
   e.g. Bishop v. Huffman