Stagner v. Files’s Empirical Analysis

Citation profile

2 federal appellate · 19 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true that the court’s instructions which defined the defendant’s duty, generally, as being simply 'reasonable and ordinary skill and care’ might without error have been amplified to prescribe the skill and care which a ‘reasonable and ordinary member of his profession would exercise under similar circumstances,’ but this would have required of the defendant a higher degree of care and skill than the instructions given. We believe, however, that the instructions given were broad enough to include the proper measure of the defendant’s duty toward the plaintiff. * * *””

   1 later decision quote this exact passage
   e.g. Orthopedic Clinic v. Hanson

2. ““The court should not so instruct the jury as to direct particular attention to certain evidence introduced on behalf of either party, or instruct the jury that certain evidence or circumstances should be taken into consideration, in determining whether or not the plaintiff’s decedent was guilty of contributory negligence. The court should simply define the meaning of the term ‘contributory negligence’ and leave it to the jury to say whether the negligence of plaintiffs’ decedent had or had not contributed to the injury complained of.””

   1 later decision quote this exact passage
   e.g. G. A. Nichols Co. v. Lockhart