Good v. Born’s Empirical Analysis

Citation profile

3 federal appellate · 9 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true that appellant testified as to the presence of a third car in the vicinity of the accident. On the other hand, appellee testified point blank that he did not see or know of the presence of the third car. And neither appellant nor any other witness testified that the presence of this third car interfered with or influenced the conduct of either party or contributed to the accident. No witness testified to any fact which would authorize a finding that the accident could be attributed to the proximity or movement of the third car, so its presence cannot be taken into consideration in passing upon the question of unavoidable accident. In fact and in short, the evidence presented no theory under which the accident could have happened in the absence of negligence of either party and in such case the trial judge was warranted in refusing to submit the issue of unavoidable accident. Dallas Ry. & Terminal Co. v. Darden, Tex.Com.App., 38 S.W.2d 777 ; Hicks v. Brown, 136 Tex. 399 , 151 S.W.2d 790 ; Collins v. Smith, Tex.Civ.App., 170 S.W.2d 562, 564 . In the language of Mr. Justice Murray of this Court, in the case last cited, 'There was no evidence that something other than the negligence of one of the parties caused the collision and therefore the issue of unavoidable accident was not raised.’ ””

   1 later decision quote this exact passage
   e.g. City of Houston v. Moore