Carroll v. Kittle’s Empirical Analysis

Citation profile

6 federal appellate · 8 district · 149 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 163 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . We find ample authority for the proposition that in departing from the rule of stare decisis, the court may restrict application of a newly established rule to the instant case, and cases arising in the future, where it is clear that the retrospective application of the new rule will result in a hardship to those who have relied upon prior decisions of the court.””

   7 later decisions quote this exact passage · from the majority
   e.g. Thome v. City of Newton · Hall v. Dillon Companies, Inc.

2. “"... [I]n abolishing governmental immunity to the extent suggested, we want it clearly understood that we recognize the authority of the legislature to control the entire field including that part covered by this opinion. We would suggest that the legislature is in a much better position than this court to restrict the application of the doctrine because it can supplement the restriction with proper legislation in the form of provisions for insurance, etc...." (l.c. 848.) (Emphasis supplied.)”

   4 later decisions quote this exact passage · from the majority
   e.g. Brown v. Wichita State University · Brown v. Wichita State University

3. “"We are forced to conclude that the rule of governmental immunity from liability for torts committed while engaged in proprietary functions is today without rational basis and hence there is no logical compulsion to extend it...." (Emphasis added.) (p. 850.)”

   4 later decisions quote this exact passage · from the majority
   e.g. Brown v. Wichita State University · Bufkin v. City of Duluth