Fogle v. Phillips’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““that there was any sudden action by the pedestrians which caused him to swerve to the left of the road. On the contrary, his testimony is that he saw them ‘from seventy-five or one hundred feet or maybe a little more.’ He picked them up with his lights and then started bearing left. He said this was ‘quite a ways from the top of the hill.’ He also said he was driving from 35 to 40 miles an hour. There is, in all this evidence, nothing from which the jury could conclude that the accident with the Phillips’ car was unavoidable. ... [T]he granting of [Fogle’s] second prayer would have permitted the jury to speculate on something which had no evidence to support it. The real question was whether [Fogle], under all the circumstances, was negligent, and not whether he could not have avoided the collision at the last minute.... The sole question for the jury, therefore, was the negligence vel non of [Fogle].””

   1 later decision quote this exact passage · from the majority
   e.g. Fry v. Carter