Wise v. Prescott’s Empirical Analysis

Citation profile

3 federal appellate · 173 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 178 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`The mere showing of injury to a fare-paying passenger on a public conveyance and his failure to reach his destination safely establishes a prima facie case of negligence and imposes the burden on the carrier of convincingly overcoming such case. Adams v. Great American Indemnity Company, La.App., 116 So.2d 307 ; Johnson v. Continental Southern Lines, Inc., La.App., 113 So.2d 114 , 74 A.L.R.2d 1328 ; Coleman v. Continental Southern Lines, Inc., La.App., 107 So.2d 69 ; Peters v. City of Monroe, La.App., 91 So.2d 428 . A public carrier of passengers while not an insurer is required to exercise the highest degree of vigilance, care and precaution for the safety of those it undertakes to transport and is liable for the slightest negligence. Gross v. Teche Lines, Inc., 207 La. 354 , 21 So.2d 378 . The carrier must do all that human sagacity and foresight can do under the circumstances, in view of the character and mode of conveyance adopted, to prevent injury to passengers, the carrier being held liable for the slightest negligence with reference to the exercise of such care. Mire v. Lafourche Parish School Board, La. [App.], 62 So.2d 541 .'"”

   12 later decisions quote this exact passage
   e.g. Hurst v. New Orleans Public Service, Inc. · Williams v. Morris

2. ““As the driver of the bus approached the intersection, he was confronted with a slow sign. What degree of care is required of a driver approaching such a sign? In our opinion, he is warned by such a sign that the locus or intersection is hazardous and unusual, his duty to exercise vigilance and prudence is increased, and it is inescapable that his right to rely on a motorist to obey a stop sign at that intersection is greatly decreased. When an intersection is controlled by a stop sign and a slow sign, a high duty of care is put on the drivers of vehicles on both thoroughfares, and, as stated by the Court of Appeal, a motorist when confronted with a slow sign must do more than diminish his speed. He must enter the intersection with extreme caution and vigilance so as to apprise himself that he may proceed safely across. Reducing his speed is only a partial fulfillment of the duty such a sign imposes. “In view of the high degree of care required of public carriers toward their fare-paying passengers, the vigilance and prudence that must be exercised in the face of a slow sign, and the fact that the burden is on the carrier to show its freedom from negligence, we cannot say that the jury and the Court of Appeal erred in holding Public Service and Miller liable. The bus driver’s complete lack of awareness of the Prescott car’s approach under the circumstances of this case appears to us to be sufficient to justify the conclusion that he and Public Service failed to prove that he ”

   1 later decision quote this exact passage
   e.g. 159 So. 2d 424 - Bruce v. Stuyvesant Insurance

3. ““The facts and circumstances of the execution of the release in the instant case, in our opinion, clearly justify the finding of the jury, concurred in by the judge, that Mrs. Wise executed the release through error, and that she signed it reasonably believing it to be a receipt for a gift from Prescott and believing that it would not have anything to do with her case. Her error is one recognized under the general articles of our Civil Code on Obligations as ‘Error as to the nature of the contract’ which will render it void, La.Civ.Code Art. 1841. (Italics ours.)” [ 151 So.2d 356, 362 ]”

   1 later decision quote this exact passage
   e.g. 222 So. 2d 644 - Cleveland v. Employers' Liability Assurance Corp.