Foster v. Higginbotham’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Defendants charge error in the instructions as to the measure of damages as not being supported by any evidence. The challenged portion of the instruction in substance directed that if the jury found the parents were in a dependent condition and that the disposition of the child, in her relation to her parents, was such that there would be a reasonable expectation that the child would have contributed to her parents’ support after her majority, that they might include in their verdict such an amount as they found from a fair preponderance of the evidence was a reasonable expectation of contribution by the child to the support of her parents after her arrival at majority. In Fike v. Peters, 175 Okl. 334 , 52 P.2d 700 , also an action by parents for damages for the death of a daughter of high school age, and of substantially similar scholastic attainments and dutiful disposition toward her parents, as proven here, this court approved a similar instruction, there declaring the instruction to be supported by Shawnee Gas & Electric Co. v. Mo-tesenbocker, 41 Okl. 454, 462 , 138 P. 790 , and Weleetka Cotton Oil Co. v. Brookshire, 65 Okl. 293 , 166 P. 408 . We are of the opinion that sufficient proof was here made to warrant the instruction as given.””

   1 later decision quote this exact passage
   e.g. Gross Drilling Company v. Lay