Tomlin v. Worley’s Empirical Analysis

Citation profile

3 federal appellate · 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Various statements of the distinction between the doctrines of assumed risk and contributory negligence are found in the cases. Among them are the following: “(A)ssumed risk implies intentional exposure to a known danger, which may or may not be true of contributory negligence; and that assumption of risk embraces a mental state of willingness, while contributory negligence is a matter of conduct.” 65 C. J. S., Negligence, § 117, page 711; 38 Am. Jur., Negligence, § 172, page 847.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Landes v. Arehart

2. ““It is now fairly well settled that where one voluntarily assumes the risk of injury from a known danger, he is debarred from a recovery in negligence cases.” Arrington, Adm’r v. Graham, Adm’r, 203 Va. 310, 314 , 124 S. E. 2d 199, 202 (1962).”

   1 later decision quote this exact passage · from the majority
   e.g. Landes v. Arehart