188 W. Va. 515 - Baxter v. Cramco, Inc.’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘Before the doctrine of res ipsa loquitur is applicable, three essentials must exist: (1) the instrumentality which causes the injury must be under the exclusive control and management of the defendant; (2) the plaintiff must be without fault; and, (3) the injury must be such that in the ordinary course of events it would not have happened had the one in control of the instrumentality used due care.’ Syllabus Point 2, Royal Furniture Co. v. [City of} Morgantown, 164 W.Va. 400 , 263 S.E.2d 878 (1980).”

   2 later decisions quote this exact passage · from the majority
   e.g. Interstate Drilling, Inc. v. Parcoil Gathering Systems, Inc. · 193 W. Va. 450 - Cunningham v. West Virginia-American Water Co.

2. “““‘The doctrine of res ipsa loquitur cannot be invoked if the defendant does not have control or management of the premises or operations where the accident occurred; or where there is divided responsibility, and the unexplained accident may have been the result of causes over which defendant had no control.” Point 1, Syllabus, Laurent v. United Fuel Gas Co., 101 W.Va. 499 , 133 S.E. 116 [(1926)],’ Syllabus point 3, Walton v. Given, 158 W.Va. 897 , 215 S.E.2d 647 (1975).” Syllabus Point 2, Bronz v. St. Jude’s Hospital Clinic, 184 W.Va. 594 , 402 S.E.2d 263 (1991).”

   1 later decision quote this exact passage · from the majority
   e.g. 193 W. Va. 450 - Cunningham v. West Virginia-American Water Co.