Kitter v. Lenard’s Empirical Analysis

Citation profile

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

1. ““Lenard’s negligence by reason of his excessive and unlawful speed was clearly a new, independent, intervening and efficient cause, which was not a consequence of any act or omission for which the Lumber Company was legally responsible, or which was under its control or ought to have been foreseen by the exercise of reasonable diligence on its part; and except for Lenard’s unlawful speed the injurious consequences to Kitter would not have happened. Under these circumstances the injurious consequences to Kitter are too remote from any of the alleged negligent acts.or omissions on the part of Peterson to constitute them the basis for the recovery of damages for Kitter’s death from the Lumber Company.””

   1 later decision quote this exact passage
   e.g. McFee v. Harker