Gallagher v. Taylor’s Empirical Analysis

Citation profile

6 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The rule is well established in the jurisprudence of this State that when one, though first acting in self-defense, resorts to excessive violence and unnecessary force in repelling an assault, he becomes liable as an aggressor and is subject to an action for damages for assault and battery. Bethley v. Cochrane, 77 So.2d 228 (La.App., Orl.1955—writ denied); Brazil v. McCray, 96 So.2d 887 (La.App., 1st Cir. 1957—writ denied); Wilson v. Dimitri, 138 So.2d 618 (La. App., 4th Cir.1962). "Thus, there is an exception to the general rule that an aggressor is precluded from recovering damages which he incurs as a result of his own actions in provoking an altercation. Accordingly, even where a plaintiff is wrong, such wrong does not bar his recovery of damages for a battery where defendant's wrong was out of all proportion to the wrong committed by plaintiff. Bauman v. Heausler, 188 So.2d 189 (La.App., 4th Cir.1966—writ refused, 249 La. 719 , 190 So.2d 235 [1966])."”

   1 later decision quote this exact passage
   e.g. 236 So. 2d 626 - Murray v. Dominick