22 Tenn. App. 522 - Duling v. Burnett’s Empirical Analysis

Citation profile

2 federal appellate · 39 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * Whether plaintiff or defendant had the `right of way' at the time and place of the collision is not a determinative question. The mere fact that one vehicle has the right of way over another at a street intersection does not relieve the driver of the vehicle thus favored from the duty of exercising due care not to injure others at the street intersection * * *" See Maxwell v. Kirkpatrick, 22 Tenn. App. 21 , 116 S.W.2d 340, 344 .”

   2 later decisions quote this exact passage
   e.g. 44 Tenn. App. 238 - Smith v. Steele · 29 Tenn. App. 132 - Southern Coach Lines v. Haddock

2. “, it is insisted that such action of the Trial Court was not in accord with plaintiffs' guaranty of trial by jury, in accord with the Constitution of Tennessee, Art. 6, Sec. 9, Constitution of the U.S. Amendment 14. This Assignment is overruled. After having charged the theory of the respective parties, and coming to that part of the Charge which explained to the jury what damage the plaintiffs would be entitled to, if they found the issues in favor of the plaintiffs, the Court charged the jury in the following manner:”

   1 later decision quote this exact passage
   e.g. 44 Tenn. App. 238 - Smith v. Steele

3. ““Generally when such an act as cutting a corner or shifting diagonally from one line of traffic to another is alleged to have resulted in a collision and injury to the plaintiff, the question of proximate cause is a jury question. ’ ’”

   1 later decision quote this exact passage
   e.g. 29 Tenn. App. 132 - Southern Coach Lines v. Haddock