Nevinger v. Haun’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Defendant’s testimony, uncontradicted, is that he sterilized his instruments before putting them away in the case wherein they were kept when not in use. Plaintiff contends that this testimony should not be reckoned with, for the reason that the jury could disregard it if they saw fit. But the doctrine for which appellant contends in this connection does not mean that where the burden is on the plaintiff to show a failure to do any act, and the defendant’s evidence that he did do it is uncontradicted, then the jury may not only disbelieve his evidence, but may take such disbelief as supplying the affirmative evidence required of plaintiff. (Citing authorities.) Plaintiff adduced no evidence tending to show a failure on defendant’s part to sterilize his instruments before thus putting them away.””

   1 later decision quote this exact passage
   e.g. Engstrom v. Wise Dental Co.

2. ““To entitle plaintiff to recover, on the theory upon which the ease proceeds, it devolved upon him to adduce substantial evidence tending to show negligence on defendant’s part with respect to sterilizing the instrument or instruments which he used upon plaintiff, and that as a direct and proximate cause of such negligence plaintiff ’s gum was infected, whereby he was injured and damaged.””

   1 later decision quote this exact passage
   e.g. Rosson v. Hylton