Albrecht v. Rausch’s Empirical Analysis

Citation profile

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

1. “The rule is well settled that the requisites for the application of this doctrine are substantial evidence that `defendant had (1) knowledge of plaintiff's presence; (2) realization of plaintiff's peril; and (3) the ability to avoid the injury to plaintiff thereafter', and [4] of course failed to do so. (Citations). The defendant must have known of * * * [plaintiff's] presence and had the means and opportunity, by the exercise of reasonable care, to know of his peril and avoid injuring him. While actual knowledge of his presence is required, this knowledge may be inferred from circumstantial evidence, in spite of a denial by defendant. (Citation). Therefore, it is not necessary to show actual knowledge of the danger, but only that it should have been realized in the exercise of reasonable care. (Citations).”

   1 later decision quote this exact passage
   e.g. Ackerman Ex Rel. Ackerman v. James

2. “the shifting of the burden of proof does not, in and of itself, affect the doctrine of last clear chance. * * * Stated otherwise the question of who has the burden of proof in relation to contributory negligence is irrelevant to the existence of the doctrine of last clear chance.”

   1 later decision quote this exact passage
   e.g. Ackerman Ex Rel. Ackerman v. James