Carner v. Hendrix’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The question of all kinds of negligence — primary, contributory, continuous and concurring — is usually one for the jury to determine. * * * “Whether a negligence case should be submitted to a jury or determined by the court must always turn on the peculiar facts in the particular case. The general doctrine is that whether one has been guilty of negligence or not is a mixed question of law and fact, to be decided by the court when the facts are undisputed or conclusively proved, but not to be withdrawn from the jury when the facts are disputed or the evidence conflicting. Where the facts are conflicting and fairminded men might differ, the question should be submitted to the jury under proper instructions. * * *””

   1 later decision quote this exact passage · from the majority
   e.g. Stevens v. Summers