Davis v. Perryman’s Empirical Analysis

Citation profile

6 federal appellate · 2 district · 32 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. . . The true reason for holding an issue res judicata is not necessarily for the identity or privity of the parties, but the policy of the law to end litigation by preventing a party who has had one fair trial of a question of fact from again drawing it into controversy, and that a plaintiff who deliberately selects his forum is bound by an adverse judgment therein in a second suit involving the same issue.”

   2 later decisions quote this exact passage
   e.g. Barnett v. Isabell · Jayel Corp. v. Cochran

2. “[When] liability is claimed on the ground of the alleged negligence of a servant or agent, a judgment in favor of either the master or principal on the one hand, or the servant or agent on the other, sued alone, is res judicata, or conclusive, as to such issue of negligence, in a subsequent action against the other, a derivative responsibility being present.”

   2 later decisions quote this exact passage
   e.g. Rhodes v. Progressive Casualty Insurance · Barnett v. Isabell

3. “* * * other jurisdictions are overwhelming in holding that an action like the present one cannot be maintained when a previous action by the same plaintiff against either the master or the servant for the same alleged act of negligence has been finally decided against the plaintiff in the Courts * * *.”

   2 later decisions quote this exact passage
   e.g. Elmore v. Dillard · DeLeon v. Slear