United States v. Brooks’s Empirical Analysis

Citation profile

48 federal appellate · 12 district · 3 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It seems perfectly clear that in making the award of damages to plaintiffs nothing should be included on account of hospital or medical expenses which the government has paid or on account of loss of earning power for the period from which he has drawn Army pay. It seems equally clear that the award should be diminished by the amount which he has received or is to receive from the government by way of disability benefits .... We recognize that prospective disability payments are uncertain in that the government may withdraw or decrease them at any time, but the uncertainty is no greater than that involved in any other matter affecting damages in personal injury cases; and the trial court must deal with it as it deals with other uncertainties by using its best judgment after all the facts and circumstances of the case have been taken into consideration.””

   2 later decisions quote this exact passage
   e.g. 313 F. Supp. 1207 - Cooper v. United States · 605 F. Supp. 981 - Burke v. United States

2. ““ * * * The recovery by the administrator here was for the benefit, of the father and mother of deceased. * * * Since loss of earnings resulting from death is to be included in the recovery for the benefit of the father and mother, and since the mother has already received from the government under 10 U.S.C.A. § 903 an amount equivalent to six months’ earnings, we-think that this amount should be deducted from the damages to be awarded. While the payment was made under the statute to the mother, and not to the father and mother jointly, we do not regard this circumstance as controlling; for, as a result of the death of the deceased,, his next of kin have received this, amount from the government, and it is but right that the amount recovered for them on account of his death should be credited therewith. We think that this is the clear implication of what was said by the Supreme Court in this case and that it accords with the decisions of the North Carolina Supreme Court in Holland v. Southern Public Utilities Co., supra, and Hester v. Horton Motor Lines, 219 N.C. 743 , 14 S.E.2d 794 . If the next of kin of deceased have received under the statute the sum of $468 on account of his death, the pecuniary damage which they have sustained is certainly less by $468 than it would otherwise have been. The fact that the recovery is by the administrator and not the next of kin is immaterial in view of the fact that the recovery is for their benefit.””

   1 later decision quote this exact passage
   e.g. Harris v. United States

3. ““It seems perfectly clear that there should have been no deduction on account of the life insurance. This was insurance bought and paid for by deceased; and the government was no more entitled to deduct the amount which it paid as insurer from its liability for wrongful death than if the insurance had been paid by a private insurer. No one would contend that an insurance company liable for wrongful death could deduct from such liability the amount paid by it on a life insurance policy which it had issued on the life of the deceased; and the government, as to its liability for wrongful death, occupies no better position because it is also an insurer.””

   1 later decision quote this exact passage
   e.g. Price v. United States