Pongetti v. Spraggins’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * At the conclusion of the testimony the court granted a peremptory instruction for the defendant, and judgment was entered in favor of the defendant. * * * But the appellant’s attorneys contend that the doctrine of res ipsa loquitur should be applied in a case of this kind, and that proof of the fact that the appellee’s calf was on the highway gives rise to an inference of negligence, and that the jury should have been permitted to say whether the appellee’s explanation was sufficient to exculpate him from the charge of negligence. * * * The statute does not make proof of the fact that the animal was at large on the highway prima facie evidence of negligence on the part of the owner, or prima facie evidence that the owner knowingly permitted such animal to run at large on the highway. The plaintiffs cause of action is necessarily predicated upon the theory of negligence. * * * no facts were proved which tended to support the general allegation of negligence other than the fact that the calf was at large on the highway; and the defendant’s testimony, which was neither disputed nor discredited, showed that the defendant had used all proper means to prevent the animal from escaping and that the animal was on the highway without fault on the part of the owner or keeper. * * * we have concluded that we should align ourselves with those courts which hold that the owner of an animal is liable for damages in a case of this kind only when he negligently or intentionally permits”

   1 later decision quote this exact passage
   e.g. Hughes v. W & S Construction Co.