Griffin v. Holliday’s Empirical Analysis

Citation profile

1 federal appellate · 4 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Instruction Number Eight given on behalf of defendant informed the jury that the doctrine of assumption of risk “is in full force in the State of Mississippi.” The quoted portion has no proper place in an instruction. This instruction further told the jury that if plaintiff voluntarily or knowingly placed himself in defendant’s automobile when the defendant was intoxicated to the extent that it was an unsafe venture for plaintiff, then the plaintiff assumed the risk embraced in defendant’s intoxicated condition. This was error. Before the doctrine of assumption of risk applies the plaintiff must know and fully understand the risk he is incurring, and plaintiff’s choice to incur the risk must be free and voluntary. Crouch v. Miss. Power & Light Co., Miss., 193 So.2d 144 (1966); Saxton v. Rose, 201 Miss. 814 , 29 So.2d 646 (1947). * * *”

   1 later decision quote this exact passage
   e.g. Dempsey v. Knighton