241 Mo. App. 319 - Frye v. Baskin’s Empirical Analysis

Citation profile

1 district · 20 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. “"Furthermore, if you leave from the petition the allegation of negligence, which, for clarity, we have italicized, it does not charge trespass. It does not allege a forcible, wrongful, unlawful or tortious act upon the part of defendant and against the will of the plaintiff, neither does it allege facts from which such allegations could be deduced. It has been held that to state a cause of action in trespass, the petition must allege that the injury complained of was direct and immediate upon the defendant's act and not merely consequential. Mawson v. Vess Beverage Co., Mo. App., 173 S.W.2d 606 , loc. cit. 613. Though formal pleadings are not required in the magistrate's court, where plaintiff elected to so plead, he is bound to the same extent as if the action had originally been filed in the circuit court. Badgett v. Hartford Fire Ins. Co., 238 Mo. App. 797 , 188 S.W.2d 761 ."”

   1 later decision quote this exact passage
   e.g. Leonard v. Nat Harrison Associates, Inc.