Meyer Ex Rel. Meyer v. Johnson’s Empirical Analysis

Citation profile

1 federal appellate · 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although we believe unavoidable accident instructions should be restrictively used we do not favor * * * total exclusion. In the ordinary negligence action the jury is adequately instructed on the ultimate issues by instructions on negligence, contributory negligence, burden of proof, and proximate cause. Further instruction on unavoidable accident usually is unnecessary. Such instruction may properly be given in those cases where there is evidence that something other than the negligence of one of the parties caused the mishap. It is particularly apt where the further element of “surprise” is present such as the sudden and unexpected presence of ice, the blowout of a tire, the malfunction of brakes, or other mechanical failure, (emphasis added)”

   5 later decisions quote this exact passage · from the majority
   e.g. Hoffman v. Royer · Carpenter v. City of Belle Fourche

2. “"In determining whether error was probably harmless or probably prejudicial an appellate court is guided by all the factors in the case bearing on the likelihood of prejudice, the force of the evidence to sustain the verdict[,] the assumptions that the jury was intelligent, and where the verdict is sustainable on more than one theory, that the verdict is based on the theory unaffected by error where nothing in the case suggested the contrary."”

   4 later decisions quote this exact passage · from the majority
   e.g. Koupal & Anton, Inc. v. Wieczorek · Plucker v. Kappler

3. “This instruction should be given only if the evidence is sufficient to support a finding (1) that the party invoking the doctrine was in fact confronted by a sudden and unexpected danger, (2) that the dangerous situation was not brought about by the party’s own negligence, (3) that at least two courses of action were available to the party after the dangerous situation was perceived, and (4) that the choice of the course of action taken after confrontation was a choice which would have been taken by a reasonably prudent person under similar circumstances, even though it may later develop that some other choice would have been better.”

   1 later decision quote this exact passage · from the majority
   e.g. Gaillard v. Jim's Water Service, Inc.