233 Mo. App. 204 - Vesper v. Ashton’s Empirical Analysis

Citation profile

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

1. ““ * * * and was at all times referred to in the evidence exercising the highest degree of care in the operation of said automobile, and if you find and believe from the evidence that when said automobile being operated by the defendant reached a point on said highway approximately four miles East of Crocker, Missouri, that it started to rain, if you so find, and that said rain fogged up the windshield on said automobile so that defendant could not clearly see the highway he was travel-ling on, if you so find, and if you further find and believe from the evidence that when the windshield became fogged up that the defendant in order to see, tried to turn on the windshield wipers of said automobile, and by reason of his being unfamiliar with the said automobile that he was driving, if you so find, that he could not locate said knob, lost control of his automobile, if you so find, and said automobile left the highway into a ditch on the North side of said highway, then crossed the highway to the South side of said highway and was caused to collide with a utility pole, if you so find, and that the defendant did not drive said automobile into the ditch on the North side of said highway as a result of negligence on his part as submitted to you in Instruction No. — then you are instructed that the plaintiff herein is not entitled to recover from the defendant Earl Nelson and as to plaintiff’s cause of action your verdict will be in favor of the defendant Earl Nelson and against the P”

   1 later decision quote this exact passage
   e.g. Collins Ex Rel. Collins v. Nelson

2. “that when said caboose reached said point it gave a sudden unexpected, violent, and unusual forward jerk and lurch * * * and that John O. Heppner, by said * * * unusual forward jerk and lurch of said caboose received injuries to his back and head, * * * then you are instructed that such facts (if you believe them to be true) are sufficient circumstantial evidence to warrant a finding by you that the defendant was negligent, and you may so find, unless you find and believe from other facts and circumstances in evidence that the occurrence was not due to defendant's negligence, and if you do find and believe from all of the evidence in the case that the defendant was negligent, * * * and if the jury further believe from the evidence that the death of John O. Heppner resulted in whole or in part from negligence, if any, of the defendant as above mentioned * * *.”

   1 later decision quote this exact passage
   e.g. Heppner v. Atchison, Topeka and Santa Fe Railway Co.

3. ““ ‘There are a number of cases holding that where a question is asked in good faith and the answer, such as the one involved in the case at bar, is voluntary on the part of the witness, there is not error in refusing to discharge the jury because of the mention of the question of insurance by the witness.’ (Cases cited.) ‘However, in the last analysis, whether the jury should be discharged, under such circumstances, depends upon whether there was good or bad faith in the injection of the question of insurance. Jablonowski v. Modern Cap Mfg. Co., 312 Mo. 173, 201 , 279 S.W. 89 ; Cazzell v. Schofield, 319 Mo. 1169, 1195 , 8 S.W. 2d 580 .’ ””

   1 later decision quote this exact passage
   e.g. Paulsen v. Butcher