Greening v. Hill’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Defendant's attempt to arrest the plaintiff was lawful. The plaintiff was engaged in the commission of a crime (drunk driving) in the presence of the defendant. Plaintiff's refusal to submit to a lawful arrest was the provocation upon which the defendant drew his revolver. To protect himself from violence, and to enforce the arrest, the defendant had the right to use his weapon. However, the plaintiff suffered injury, not from an intentional shot, but from the accidental discharge of defendant's weapon. The gun could hardly have been discharged unless defendant, in the heat of action, and as a nervous impulse, unwittingly squeezed the trigger. The question then becomes whether the plaintiff, who provoked the altercation which resulted in his injury, can recover when the police officer's weapon accidentally discharged as the policeman was in the process of making a lawful arrest. To ask the question is to answer it. A plaintiff cannot recover civil damages if he is at fault in provoking the difficulty in which the injury is received. Robertson v. Palmer, 74 So.2d 408 (La.App. 1954); Britt v. Merritt, 45 So.2d 902 (La.App.1950). The altercation that resulted in plaintiff's injury was of his own making. He had created a hazardous situation, endangering the lives of those on the highway. His drunken condition and antagonistic reaction to the lawful arrest justified the defendant's attempt to use his pistol to complete the arrest and to protect his person. Up to the time when the”

   2 later decisions quote this exact passage
   e.g. Myles v. Falkenstein · 335 So. 2d 51 - Bernstine v. City of Natchitoches

2. ““ * * * Such conditions cannot reasonably be expected to result in decisions, the product of calm deliberation, and actions, the product of accurate reflexes and perfect physical coordination.””

   1 later decision quote this exact passage
   e.g. Myles v. Falkenstein