Kernodle v. Elder’s Empirical Analysis

Citation profile

1 federal appellate · 22 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 it be shown, however, by the evidence. that the limb which plaintiff had was not such a limb as a physician of ordinary skill and using ordinary carel and diligence should have left him with, after treating it, then the burden is upon plaintiff, in order to sustain the verdict in this case, to show by the evidence that this result was brought about through lack of skill on the part of the physician, or through some vlrongtful or negligent act of omission or commission on his part. Neither of these conditions should be supported merely by theory, conjecture, or inference, but they should he based upon tangible, substantial evidence which, the court and jury may grasp and understand.””

   1 later decision quote this exact passage
   e.g. Bungardt v. Younger

2. ““Of course, if plaintiff’s limb within a proper time had been restored in the treatment secured to a perfect limb, as it was prior to the time when broken, he could not recover from the physician who treated him, notwithstanding lack of skill shown or negligent care bestowed.””

   1 later decision quote this exact passage
   e.g. Bungardt v. Younger

3. ““If there is no injury caused by lack of skill or care, then there is no breach of the physician’s obligation, and there can be no recovery.””

   1 later decision quote this exact passage
   e.g. Ballaine v. Drake