State Ex Rel. Moore v. Bissing’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The term `lottery,' as used in this act, includes schemes for the distribution of money or property among persons who have given or agreed to give a valuable consideration for the chance, whether called a lottery, raffle, or gift enterprise, or by some other name." 178 Kan. at 117 .”

   2 later decisions quote this exact passage · from the majority
   e.g. State Ex Rel. Frizzell v. Highwood Service, Inc. · State Ex Rel. Stephan v. Finney

2. ““ * * * [wjhat, then, is the chance involved? The answer is very simple. In the first place, there is no guarantee that a certain dog is going to win, and neither is there any guarantee that a bettor will always pick a winner. In placing a wager the bettor takes a ‘chance’ that he is picking the right dog. In the second place, under the pari-mutuel system of betting every bettor takes a ‘chance’ on the amount he will win, even though his dog finishes in the exact position he bet that he would, for the reason that under this system the exact ‘odds’ on a particular dog to ‘win, place or show’ cannot be determined .until the betting is closed and information regarding the number and amount of bets is tabulated by the pari-mutuel machine, which, in the last analysis, is simply a device for calculating the odds. “Defendant’s argument to the effect that the outcome of the race itself, and human knowledge, skill and experience, the condition and speed of the dog whose efforts, together with the efforts of persons charged with the breeding, training and handling of such animals, are the sole factors which determine the recipient and amount of the prize, and that no element of ‘chance’ is thus involved, simply does not take into account the practical everyday realities of human instincts and life.””

   1 later decision quote this exact passage · from the majority
   e.g. Oneida County Fair Board v. Smylie

3. ““ * * * except within the inclosure of a race track and upon races or trials of speed being conducted within said inclosure (provided that the exception herein shall not apply to any race track or inclosure for more than two weeks in any one year), * *”

   1 later decision quote this exact passage · from the majority
   e.g. Oneida County Fair Board v. Smylie