Bare v. Jones’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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he party who affirms negligence must establish it by proof sufficient to satisfy reasonable and well balanced minds. The evidence must show more than a probability of a negligent act. An inference cannot be drawn from a presumption, but must be founded upon some fact legally established. This court has repeatedly held that when liability depends upon carelessness or fault of a person, or his agents, the right of recovery depends upon the same being shown by competent evidence, and it is incumbent upon such a plaintiff to furnish evidence to show how and why the accident occurred.”

   1 later decision quote this exact passage · from the majority
   e.g. 866 F. Supp. 951 - Arthur v. Crown Central Petroleum Corp.

2. ““The court instructs the jury: That where the plaintiff calls the defendant as an adverse witness, while he or she is not bound by such of the defendant’s testimony as may be in conflict with the evidence introduced on behalf of the plaintiff, the plaintiff is bound by so much of the clear, logical testimony of the defendant as is reasonable and uncontradicted.””

   1 later decision quote this exact passage · from the majority
   e.g. Cook v. Basnight