Arnold v. Reece’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellants say the granting of this instruction was error. In granting this instruction, the learned trial judge evidently concluded that the facts as assumed in the instruction had been established by the testimony. In this we think he was correct. The instruction then correctly stated the legal rule that failure to comply with the statute was negligence. The only question left was whether such negligence contributed to bringing about the wreck. The jury found it did. The record discloses ample evidence to support that finding. The main argument of Appellants is that this instruction had the effect of prejudicing the jurors against Appellants. Whether that is true or not we, of course, cannot say, but even so, the established facts could properly be assumed in an instruction. Competent, relevant facts are not made incompetent because they may produce strong reactions for or against a party to litigation.”

   1 later decision quote this exact passage
   e.g. Todd v. Turnbull