Horst v. Johnson’s Empirical Analysis

Citation profile

2 federal appellate · 27 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Contributory negligence is conduct for which a plaintiff is responsible, amounting to a breach of the duty which the law imposes upon persons to protect themselves from injury and which, concurring and cooperating with actionable negligence on the part of the defendant, contributes to the injury. [Citations omitted.] An actor is contributorily negligent if (1) he or she fails to protect himself or herself from injury, (2) his or her conduct concurs and cooperates with the defendant's actionable negligence, and (3) his or her conduct contributes to his or her injuries as a proximate cause. [Citations omitted.]”

   1 later decision quote this exact passage
   e.g. Fetty v. SEWARD CTY. R. PUB. POWER DIST.

2. “A plaintiff is contributorily negligent if “(1) he or she fails to protect himself or herself from injury, (2) his or her conduct concurs and cooperates with the defendant’s actionable negligence, and (3) his or her conduct contributes to his or her injuries as a proximate cause.” Horst v. Johnson, 237 Neb. 155, 161 , 465 N.W.2d 461, 465 (1991). Whether contributory negligence is present in a particular case is a question for the trier of fact. Center State Bank v. Dana, Larson, Roubal & Assoc., 226 Neb. 408 , 411 N.W.2d 635 (1987).”

   1 later decision quote this exact passage · from the concurrence
   e.g. MOORE BY AND THROUGH MOORE v. State