Berry v. Festervan’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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““B. When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left, shall yield the right of way to the vehicle on the right.””

   2 later decisions quote this exact passage
   e.g. 238 So. 2d 814 - Sanders v. Continental Insurance Co. · 277 So. 2d 712 - Faulkenberry v. Dillman

2. ““A motorist approaching an uncontrolled intersection from the right is entitled to assume that traffic approaching from his left and reaching the intersection at approximately the same time will yield the right of way to him. The motorist on such favored street can indulge in this assumption until he sees or should see that the motorist approaching from the left has not observed his vehicle or is not going to observe the law.” (Berry v. Festervan, 215 So.2d 398, 399 [La.App. 2d Cir. 1968]; Thayer v. State Farm Mutual Automobile Insurance Co., 229 So.2d 767 [La.App.3rd Cir. 1969])”

   1 later decision quote this exact passage
   e.g. 238 So. 2d 814 - Sanders v. Continental Insurance Co.

3. ““ * * * Under our jurisprudence the right of preemption is not accorded the driver who blindly enters a favored street without regard to oncoming traffic and then attempts to absolve himself of liability because of the mere fact that he was there first. There are additional requirements that he must have regarded the oncoming traffic, appraised the situation and governed himself accordingly; that he must have entered the intersection first and with a reasonable opportunity and expectation of clearing same without impeding the crossing of other vehicles. * * * ””

   1 later decision quote this exact passage
   e.g. 235 So. 2d 176 - Clogher v. Travelers Insurance Co.