Whaley v. Stevens’s Empirical Analysis

Citation profile

5 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. “From this, it follows that the wrongful act of the defendant (if, indeed, it was wrongful), in obstructing the road in question, did not constitute the cause of action in either case, but would be only one of the elements of such cause in both cases, and could only in combination with the other necessary element, the plaintiff's primary right, constitute a cause of action; and as the nature of the plaintiff's right, as alleged in the first case, was essentially different from that alleged in the present action, it would seem to follow that the causes of action in the two cases could not be the same.”

   1 later decision quote this exact passage · from the majority
   e.g. Johnston-Crews Co. v. Folk

2. “frequently used by judges and text writers. This remedial right, or right of action, does not arise from the wrongful act or omission of the defendant, the delict, alone, nor from the plaintiff's primary right, and the defendant's corresponding primary duty alone, but from these two elements taken together. The”

   1 later decision quote this exact passage · from the majority
   e.g. Johnston-Crews Co. v. Folk

3. “is what gives rise to the remedial right, or the right of remedy, which is evidently the same as the term,”

   1 later decision quote this exact passage · from the majority
   e.g. Johnston-Crews Co. v. Folk