23 Utah 2d 110 - Smith v. Thornton’s Empirical Analysis

Citation profile

2 district · 6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rights and duties of drivers approaching intersections are questions dealing with the standard of conduct to be expected of a reasonably prudent man and are peculiarly a matter for the jury. Contributory negligence is therefore primarily to -be resolved by the trier of the facts since it involves these same rights and duties. It is not to be treated as one of law unless the facts and inferences from them are free from doubt. If there is doubt, the issue is for the jury. 5”

   1 later decision quote this exact passage · from the majority
   e.g. 30 Utah 2d 68 - Anderson v. Gribble

2. “Rule 52(a) of the Utah Rules of Civil Procedure relating to findings of fact and conclusions of law states that such are unnecessary on decisions on motions under Rules 12 or 56, ‘or any other motion ' except as provided in Rule 41(b).’ A motion for a directed verdict falls specifically under Rule 50, not Rule 41(b), thus on such motion the trial court need not enter findings and conclusions in granting such a motion. [Emphasis added.]”

   1 later decision quote this exact passage · from the majority
   e.g. Cerritos Trucking Co. v. Utah Venture No. 1