Talbot v. Taylor’s Empirical Analysis

Citation profile

12 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. ““In 5 C.J. 1413, under the title ‘Assumption of Bisk,’ it is said: ‘A term which the law imports into the con tract, when nothing is said to the contrary, that the servant will assume the ordinary risks of the service for which he is paid; the voluntary exposure, without remonstrance, to the ordinary hazards of the particular use of machinery or appliances, claimed by an employee to be defective or unfit, but of which conditions he knew, or must necessarily have acquired knowledge in the ordinary pursuit of his duties; in effect a waiver of defects and dangers and a consent on the part of the employee to assume them, no matter whether he be careful or negligent in his conduct. The term usually applies to the relation of master and servant, but may apply to other relations.’ ” Supra, p. 432, 201 S.W.2d p. 2.”

   1 later decision quote this exact passage
   e.g. 61 Tenn. App. 270 - Baker v. Riverside Church of God

2. ““ [W]hen there can be no dispute as to his consciousness of the peril inherent in such a situation, then a question of law only remains, and the question is one for the court.” Lea v. Gentry, 167 Tenn. 664 , 73 S.W. 2d 170 (1934); Talbot v. Taylor, 184 Tenn. 428 , 201 S.W.2d 1 (1935).”

   1 later decision quote this exact passage
   e.g. Rogers v. Garrett