Neyrey v. Maillet’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The law of the case with reference to the precautions a motorist must take when backing his vehicle is clear. It is, of course, not negligence to back a car. See Hahn v. P. Graham & Co., 148 La. 55 , 86 So. 651 ; Huddy’s Encyclopedia of Automobile Law, Vols. III-IV, Section 133, pp. 218-220. However, a motorist is charged-with the duty of exercising ordinary care to see that the maneuver will not injure the persons or property of others. By ordinary care, we mean the degree of caution which would be observed by reasonably prudent persons under similar conditions. And no hard and fast rule can be laid down in matters of this sort for, in common with all actions based upon negligence, each case must stand upon its own particular facts and circumstances.””

   2 later decisions quote this exact passage
   e.g. Valentine v. J. D. Marcom Service & Supply Co. · 134 So. 2d 605 - Clark v. Tolbert

2. “Comment is made by our brother below in his written opinion about a 'blind' spot back of the rear wheel of defendant's car and we assume that he means by this observation that, because plaintiff was standing to the right of the rear of the Ford, it was difficult for defendant to get a glimpse of her in that position by looking through his rear-view mirror. If this be so, then our answer is that he should not have relied entirely upon the limited vision afforded him by the rear-view mirror and that he should have taken additional precautions to obtain a full view to his rear before he put his car in motion.”

   1 later decision quote this exact passage
   e.g. Parker v. Home Indemnity Co. of New York

3. “The evidence produced by plaintiff establishes that, at the time she and her daughter positioned themselves in the space behind defendant's car, defendant had not yet started his backward movement. Therefore, he had a last clear chance, if he had exercised the precaution required of him, to have discovered their presence in the rear of his car in ample time to have avoided the accident.”

   1 later decision quote this exact passage
   e.g. Parker v. Home Indemnity Co. of New York