Dehaan v. Wolff’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 32 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““He [the plaintiff] insists that he was driving not to exceed 15 miles an hour, and that he looked to his right ‘just before the sidewalk line on Palace’ was reached. He denies that he saw defendant’s ear then or at any other time before the collision. He continued to the right of the center line of Finn, and his automobile was hit, so he says, just after it crossed the center line of Palace. It is not open to' reasonable doubt that the collision occurred somewhat farther south than plaintiff admits. Defendant, unlike plaintiff, discovered the danger before the collision and turned abruptly to the right in an effort to avoid it. That seems pretty thoroughly established. But, taking plaintiff at his word, the fact remains that he came onto the intersection without doing anything to avoid collision with a car approaching from his right and so close that the two could not proceed with speed unchecked without coming together. There were no distracting circumstances. The northwest corner of the intersection, on plaintiff’s right as he approached, was not a blind corner. He could see to his right on Palace street, where defendant was approaching, when he got within 20 feet of the northerly sidewalk line of the street. Plaintiff did not change his course or check his speed by applying his brakes or otherwise. It is clear that, if he had exercised any reasonable precaution to avoid it, there would have been no collision. So plaintiff must be held guilty of contributory negligence as ”

   1 later decision quote this exact passage
   e.g. Glynn v. Krippner

2. ““There is no occasion for determining the meaning or effect of the provision of L. 1927, p. 563, c. 412, § 18(a), that ‘the driver of any vehicle * * * traveling at an unlawful speed shall forfeit any right of way which he might otherwise have hereunder.’ Assuming that defendant was approaching at an unlawful speed and so had forfeited his right of way, plaintiff did not know it because he did not see defendant until the moment of impact. Plaintiff could not be relieved from the duty of care by any want of it on defendant’s part of which he, plaintiff, was ignorant.””

   1 later decision quote this exact passage
   e.g. Wilmes v. Mihelich

3. ““This is not a case where plaintiff saw the approaching ear and advanced because he had the right of way, and was injured while acting under the assumption that the driver of the belated car to his right would approach the intersection at a reasonable and proper speed under the circumstances, and in recog- ' nition of plaintiff’s superior rights incidental to his having first entered the intersection* •Under such a situation, the claim of contributory negligence would be for the jury.””

   1 later decision quote this exact passage
   e.g. Glynn v. Krippner