223 Mo. App. 1041 - Powell v. Schofield’s Empirical Analysis

Citation profile

5 federal appellate · 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Should we adopt the rule that the operator of an automobile traveling at night, in the exercise of the highest degree of care, must, as a matter of law, immediately stop his car or have it under such control that he can stop within the range of his vision, upon becoming blinded by the headlights of an approaching car? That is the rule adopted in many cases, and there is much sound reason in favor of it. We think those cases, however, fail to take into consideration the utter impracticability of such a rule. Near any city on our main highways the driver of a car will ordinarily meet an almost unbroken line of cars coming toward him at night. If he attempted to stop for each blinding headlight, he would no sooner overcome one `blind spot' than another would appear. He would be compelled to stop and start unceasingly. Such method of operating his car would not necessarily obviate danger. Other drivers following him may likewise be blinded and hit the stopped car from the rear.”

   1 later decision quote this exact passage
   e.g. Bedsaul v. Feeback

2. ““There are undoubtedly cases where plaintiff should be declared guilty of contributory negligence as a matter of law in failing to stop or have his car under such control that he can stop within the range of his vision, when blinded by headlights. But, ordinarily, we think, it should be a question for the jury.” (Emphasis mine.)”

   1 later decision quote this exact passage
   e.g. Stafford v. Freightways, Inc.