Tullis v. Blue’s Empirical Analysis

Citation profile

8 federal appellate · 128 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 136 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well settled that those presumptions do arise from proof of the defendant’s ownership of the vehicle; but it is well settled also that they are prima facie presumptions merely, or, as they are sometimes called, administrative presumptions, based upon considerations of fairness and convenience in placing the burden of proof. They are not in themselves evidence, and in practice their effect is merely to impose upon the defendant the burden of showing that the driver was not his agent, or that, if he was, he was not acting within the scope of his authority or in the course of his employment. If the evidence thereon is in conflict, or leads to doubtful inference only, the issue should go to the jury. If, however, the evidence, without dispute, rebuts the facts thus presumed, there is no issue for the jury, and the general affirmative charge should be given for the defendant on request.” (Italics ours.)”

   1 later decision quote this exact passage
   e.g. Otero v. Soto Ex Rel. Gonzales

2. ““It results that the refusal of that charge was error for which the judgment must be reversed, and the cause remanded. “Reversed and remanded.””

   1 later decision quote this exact passage
   e.g. Otts v. Gray