Beatty v. Thompson’s Empirical Analysis

Citation profile

4 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. ““Special Issue No. 1. “Do you find from a preponderance of the evidence that the deceased, Sammie Frank Sisti, was in a position of peril at such a time before the collision of the train and the road maintainer that the engineér of the train, by the use of all the means at his command and in safety to himself.and the train he was operating and the occupants thereof,_ could have avoided the injury or death of Sammie Frank, Sisti? “Answer ‘We do’ or ‘We do not’. , “We, the jury, answer, We do. “If you have answered Special Issue No. 1, We do’, and only in that event, then you will answer: “Special Issue No. 2. “Do you find from a preponderance of the evidence that the engineer operating defendant’s locomotive discovered and' realized ' the perilous position, if any, of Sammie Frank Sisti and the road maintainer which he was operating at the crossing in' question in time so that, by the exercise of ordinary care upon his part, and with the means at hand and in safety to himself and the train he was operating and the occupants thereof, he could have avoided the injury to or death of Sámmie Frank Sisti? “Answer We do’ or We do not’. “We, the jury, answer, We do. “If you have answered Special Issue No. 2, We do’, and only in that event, then you will answer: “Special Issue No. 3. “Do you find from a preponderance of the evidence that the engineer operating defendant’s locomotive, after the discovery and realization, if any, of the perilous position, if any, of Sammie Frank Sisti an”

   1 later decision quote this exact passage
   e.g. Thompson v. Sisti

2. “* * * The operatives of the train had a right to presume that Beatty would drive his automobile off the track and avert a collision, and only when it became evident that he was not going to do so did it become their duty * * * to stop the train.”

   1 later decision quote this exact passage
   e.g. Wheat v. New Orleans and Northeastern Railroad Co.