Lemons v. Kelly’s Empirical Analysis

Citation profile

19 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * One who does participate in setting in motion such hazardous conduct cannot thereafter turn his liability off like a light switch. From the authorities cited we conclude that one who participates in setting such hazardous conduct in motion cannot later be heard to say: `Oh! I withdrew before harm resulted even though no one else was aware of my withdrawal.' It would be a reasonable probability that the excitement and stimulus created by this race of several miles had not dissipated nor, in fact, terminated at all, in the fraction of a minute in time between the act of passing and the accident. The state of mind of the participants was material. We cannot gauge that state of mind to the point of saying that the stimulus or intent had ended. * * *"”

   3 later decisions quote this exact passage
   e.g. 17 Or. App. 478 - State v. Petersen · State v. McFadden

2. “It was also for the jury to decide if the racing was the cause of the accident. For even if the race had terminated some seconds before it would still be for the jury to decide if there were a causal connection between the racing and the accident.”

   1 later decision quote this exact passage
   e.g. American Standard Insurance Co. of Wis. v. Tournor

3. “It is said in all of the authorities cited that racing on a highway is hazardous to all other persons upon the highway and that the actor participates at his peril.”

   1 later decision quote this exact passage
   e.g. 1995 Conn. Super. Ct. 13750 - Estate of Riggott v. Bartlett, No. Cv 92 0514789 S (Dec. 7, 1995)