Brown v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The proof does show definitely, however, that defendant’s car was on the wrong side of the road, and that he tried to pass another car on the crest of this hill. Passing another car on the crest of the hill where the view be obstructed is recognized as being completely negligent, to that degree necessary to sustain a conviction, Trentham v. State, 185 Tenn. 271 , 206 S.W.2d 291 , and it is also prohibited by T.C.A. sec. 59-820, which is substantially the same as Section 6, para, (b), Ch. 82, Public Acts of 1931, the law which was in effect at the time of the collision. In this connection see also Bradam v. State, 191 Tenn. 626 , 235 S.W.2d 801 ; and Smith v. State, 196 Tenn. 168 , 264 S.W.2d 803 . As a general rule any violation of a statute wherein death ensues constitutes involuntary manslaughter if the violation of the statute be the proximate cause of death. There can be no question but that the effort of the defendant to pass this other automobile on the crest of this hill proximately caused the collision, and for this reason the driver of the car was guilty of involuntary manslaughter. The evidence presented a question of fact as to the driver of this Ford car and this fact could be proven by circumstances. Ford v. State, 184 Tenn. 443 , 201 S.W.2d 539 . We think the circumstances were sufficient to warrant the jury in concluding the defendant was the driver. The judgment below must be affirmed.””

   1 later decision quote this exact passage · from the majority
   e.g. Osborne v. State