237 So. 2d 435 - Chappetta v. Jones’s Empirical Analysis

Citation profile

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

1. “If a motorist has no reason to anticipate children near his automobile he is not negligent merely because a child was struck by it ... Unless a motorist knows or has reason to know that a child is in the vicinity of a street, his duty is to use ordinary care and caution in the operation of his vehicle. It's only when the child's presence is known to the motorist, or should have been known, that a higher degree of care toward the child becomes operative. Drivers are not insurers of safety of young pedestrians, and if it's shown that the driver is unable to see the children until it is too late to avoid the accident, then the driver cannot be held liable. R. pp. 554, 556-67.”

   1 later decision quote this exact passage
   e.g. 597 So. 2d 1070 - Sneed v. Satcher

2. ““ ‘The duty to exercise greater than ordinary care to avoid injury to a child does not become operative or exist in favor of such child until his presence is known or should have been known under the existing facts of the particular case to the operator or driver of a motor vehicle. The motorist, upon discovering the presence of children in his path of travel or in a position where they could become imperiled, is under a duty to exercise the highest degree of care to avoid injury to them. Each case must be adjudged on the facts peculiar to it. No one case is absolutely controlling of another, as few cases are identical factually.’ ””

   1 later decision quote this exact passage
   e.g. Buckles v. Fox