Meyer v. Rein’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the case at bar, we find that the evidence, relied upon by defendant as proof of contributory negligence, was clearly admissible under the issue tendered by, the defendant’s answer. As we have above stated, the defendant, in addition to denying its negligence, filed an affirmative defense in which it set forth with particularity that the .accident was caused solely as the result of plaintiff’s negligence. At the trial of the case, defendant produced many witnesses in support of its contention. Surely, it cannot be said that counsel for the plaintiff could have successfully resisted the admission of this evidence. And, •by the same token, the plaintiff had the right to submit testimony to disprove defendant’s theory of the case without subjecting himself to the penalty of having the issue broadened. All such evidence was received in response to the pleadings and did not have the effect of enlarging them so as to tender the defense of contributory negligence. “Counsel for the defendant nevertheless persists that plaintiff’s own statement on the witness stand plainly discloses contributory negligence on. his part and that, where such evidence is voluntarily tendered, it has the effect of enlarging the pleadings to include that defense. The cases of Ryan v. L., N. O. & T. Ry. Co., supra, [ 44 La.Ann. 806 , 11 So. 30 ], Aymond v. Western Union Tel. Co., 151 La. 184 , 91 So. 671 , Roy v. Yarbrough, La.App., 167 So. 883 , Frierson v. Shreveport Grocery Co., 3 La.App. 44 , and Ba”

   1 later decision quote this exact passage
   e.g. Lobell ex rel. Hardware Mut. Cas. Co. v. Neal

2. “True enough, Rein charges Mrs. Fagan with negligence in many particulars, but he does not aver that this negligence on her part constituted contributory negligence. He charges that her faults were the sole and proximate cause of the accident, and that he, himself, was entirely without fault. In Althans v. Toye Bros. Yellow Cab Co. et al., La. App., 191 So. 717, 725 , we discussed at length the effect of such a plea and showed, we think, that it is well settled that if contributory negligence is to be relied on, it is not sufficient to aver the negligence of the plaintiff to be the sole cause of the accident. We can add nothing to what we said in that case — there we clearly held that under pleadings such as are presented here, the issue of contributory negligence is not raised.”

   1 later decision quote this exact passage
   e.g. 24 So. 2d 482 - Nezat v. General Outdoor Advertising Co.