Denton v. Arnstein’s Empirical Analysis

Citation profile

2 district · 16 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It thus appears that in its instructions upon the measure of damages, the court omitted entirely any mention of permanent injury. : “We do not wish to be understood as holding that it would not have been proper for the court expressly to take that issue from the jury as requested; in fact, in any case where the evidence is insufficient to justify the submission of the issue of permanent injury to the jury, it is better practice for the court to take the question directly from the jury pursuant to a proper request therefor. However, in the light of the definite instructions that it did give upon the measure of damages, we cannot say that the court committed prejudicial error in refusing to give defendant’s requested instruction.””

   1 later decision quote this exact passage
   e.g. Crown Drug Company v. McBride

2. “'well-established rule in this state that a party litigant is entitled to have the court instruct the jury upon his theory of the case as formulated in properly requested instructions which correctly state the law, and which are founded upon the pleadings and the proof in the case.'”

   1 later decision quote this exact passage
   e.g. State v. Langley

3. “An assault and battery is not negligence.”

   1 later decision quote this exact passage
   e.g. Susan Ryan v. napier/klein