Davis v. Cline’s Empirical Analysis

Citation profile

38 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “that in an emergency there is no time for cool reflective deliberation during which alternative courses of action might be considered and explored; but rather, the situation demands [a] speedy decision based largely upon the actor's perception of the compelling circumstances.”

   2 later decisions quote this exact passage
   e.g. Young v. Clark · Taco Bell, Inc. v. Lannon

2. “Under such conditions, the actor cannot reasonably be held to the same conduct as one who has had full opportunity to reflect, even though it later appears that he made the wrong decision, which no reasonable man could possibly have made after due deliberation. His choice “may be mistaken and yet prudent.””

   1 later decision quote this exact passage
   e.g. Taco Bell, Inc. v. Lannon

3. “[T]he trial court had a duty to instruct the jury on [plaintiff's theory of the case], a theory amply supported by competent evidence, when requested to do so, even though counsel may have failed to tender an entirely suitable instruction.”

   1 later decision quote this exact passage
   e.g. Hansen v. State Farm Mutual Automobile Insurance Co.