Mathews v. Beyer’s Empirical Analysis

Citation profile

2 federal appellate · 28 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Further, if defendant suddenly stopped or decreased his speed in Mathews’ path without giving a proper signal the jury might find Mathews was thereby confronted by an emergency not of his own making which constituted a legal excuse for his violation of any statute defendant has invoked against him. * * * “It was for the jury to decide whether Mathews violated Code section 321.288 in not having his car under control or reducing its speed to a reasonable and proper rate when approaching the intersection, or section 321.307 in following defendant’s car more closely than was reasonable and proper. Also whether, as above indicated, if there was such violation, defendant’s conduct constituted a sudden emergency which furnished Mathews a legal excuse for the violation. * *”

   1 later decision quote this exact passage
   e.g. McCoy v. Miller

2. ““It is of course true she was required to make an affirmative showing of her freedom from such negligence. Proof thereof might be circumstantial as well as direct. * * * Just what plaintiff could or should have done to prevent this accident or what she did or failed to do that would constitute contributory negligence, as a matter of law, is not apparent. See Lockwood v. Wiltgen, supra, 251 Iowa 484, 489 , 101 N.W.2d 724, 727, 728 , and citations.””

   1 later decision quote this exact passage
   e.g. Puhrmann v. Lund

3. “* * * In Chicago & N. W. Ry. Co. v. Chicago, R. I. & P. R. Co. (D.C., N.D.Iowa), 179 F.Supp. 33, 55, Judge Graven says, from a review of our pertinent cases, this court `has in its recent decisions tended to emphasize that questions as to proximate cause * * * and concurrent negligence are peculiarly questions for the trier of facts.'”

   1 later decision quote this exact passage
   e.g. Fullerton v. Sauer