Lowden v. Van Meter’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. ““An inference of negligence must be based upon something other than mere conjecture or speculation, and it is not sufficient to introduce evidence of a state of facts simply consistent with or indicating a mere possibility, or which suggests with equal force and leaves fully- as reasonable an inference of the nonexistence of negligence. The inference of negligence must be the more probable and more reasonable inference to be drawn from the evidence.””

   1 later decision quote this exact passage
   e.g. Lawson v. Anderson & Kerr Drilling Co.

2. ““Conjecture and speculation will not be allowed to form the basis for a judgment in such an action, and the railway company is not to be held liable for injuries alleged to have been the result of negligence of its employees when there is no positive evidence of negligence or of facts and circumstances from which such negligence can be reasonably inferred.””

   1 later decision quote this exact passage
   e.g. Oklahoma Railway Co. v. Ivery