Floyd v. Miller’s Empirical Analysis

Citation profile

12 federal appellate · 2 district · 15 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In an action by a married woman to recover for a personal injury inflicted on her, she may recover the entire damage sustained including the personal injury, expenses arising out of the injury (whether chargeable to her or her husband) notwithstanding the husband may be entitled to the benefit of her services about domestic affairs and consortium; and no action for such injury, expenses, or loss of services or consortium, shall be maintained by the husband.””

   2 later decisions quote this exact passage · from the majority
   e.g. Ford Motor Co. v. Mahone · Virginia F. Carey v. Cecil R. Foster

2. ““In clear, positive and inclusive language, it enumerates and expressly gives to the wife the right to recover every item of damage incident to her injury. By language equally clear, explicit and inclusive, it expressly provides that no action for any element of damage incident to such personal injury of the wife, can ‘be maintained by the husband’. “The amendment of 1932 is wholly devoid of implication or suggestion that any part of the damages recoverable by the wife is to be held by her for her husband’s benefit, nor is any substantive right to maintain an action against his wife therefor created therein for the husband through implication or otherwise. Undoubtedly his right to maintain an action against the tort feasor for any element of damage is taken from him and granted to the injured wife as was the right to recover for domestic services of his wife taken from him and vested in her by the amendment in that respect made by the Code Re-visors in the Code of 1919. The Re-visor’s Notes and Judge Burks’ address, supra, definitely discloses that the Code Revisors purposely intended to deprive the husband of that element of damage, i. e., loss of domestic services, and vest it in the injured wife. The language of the amendment made by the. Acts of 1932, Ch. 25, p. 21, and now a part of sec. 5134, is equally as clear and even more positive in its terms that its purpose and intent are to deprive the husband of the right to recover the other two elements of damage incident to ”

   1 later decision quote this exact passage · from the majority
   e.g. Carey v. Foster

3. ““ * * * As I view the statute, it was intended to effect merely a change in the form of the remedy theretofore available to the husband to recover, for his own benefit, these damages sustained by him. The primary purpose was to avoid harassment of the defendant by multiple, litigation and to insure that all of the issues arising out of the tort committed by him would be settled .in one action. The wife’s action to recover personal injury expenses should therefore be regarded as for the benefit of her husband, to the extent above, indicated.””

   1 later decision quote this exact passage · from the dissent
   e.g. Ford Motor Co. v. Mahone