Smith v. Aulick’s Empirical Analysis

Citation profile

2 federal appellate · 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““THE COURT: Gentlemen, I have reviewed this situation and I must confess that I have never encountered a case just like this one. “Now, res ipsa loquitur doctrine may be applicable where an object has fallen from a car and strikes someone. If the car is under the exclusive management and control of the defendant and the jury could reasonably find that the accident would not have happened if the car operator had used due care. “In this situation we do not have an object striking someone after falling from a car, but rather a plaintiff who states that she slipped upon a bottle that she claimed was falling from the automobile. It’s an extremely close question, viewing the case in the light most favorable to the Plaintiff. I am going to proceed and let the jury consider the matter, but I repeat it is very close and I am not at all sure I would be sustained by the Court of Appeals; at least I am going to take that position at this time.””

   1 later decision quote this exact passage · from the majority
   e.g. Stoskin v. Prensky