Miller v. Baldwin’s Empirical Analysis

Citation profile

1 federal appellate · 11 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The second class of cases is where a person goes to sleep on the track, or gets intoxicated and lies down on the track, thus changing his active negligence to a kind of passive negligence, and the locality where he thus places himself in a place of danger on the track is a rural section or sparsely settled community, and at a point where the operatives of the train could not be reasonably expected to find such a person on the track, the engineer is not required to keep the train under such control so as to stop within the range of the headlights, but may take it for granted that there is no human obstruction on the track. This class of cases is illustrated by a large number of cases in our reports, many of which are cited by counsel for defendant and relied on in this case, the most pertinent being: Rogers v. Louisiana Ry. & Nav. Co., 143 La. 58 , 78 So. 237 ; Tyer v. Gulf, C. & S. F. Ry. Co., 143 La. 177, 178 , 78 So. 438 ; Trotter v. Texas & P. Ry. Co., La.App., 146 So. 365 ; Pinckley v. Texas & P. Ry. Co., La.App., 165 So. 504 .””

   1 later decision quote this exact passage
   e.g. Ledet v. Texas & New Orleans Railroad

2. “much greater care is required on the part of the operators of the train, and a greater responsibility is on them to keep a lookout for persons who may reasonably be expected to use the tracks for walking thereon, and who may be expected at times to lie down thereon and become unaware of their dangerous situation.”

   1 later decision quote this exact passage
   e.g. Williams v. Missouri Pac. R. Co.