Rosser v. Smith’s Empirical Analysis

Citation profile

2 federal appellate · 47 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It was the duty of defendant both at common law and under the express provisions of G.S. 20-174 (e) to ‘exercise due care to avoid colliding’ with Mrs. Rosser on the highway. Landini v. Steelman, 243 N.C. 146 , 90 S.E. 2d 377 . Even if we concede that plaintiff’s evidence, and defendant’s evidence favorable to him, would permit a jury to find that defendant failed to exercise due care to avoid striking Mrs. Rosser after she saw her, it is manifest that plaintiff’s own evidence so clearly shows negligence on the part of his intestate, which proximately contributed to her injuries and death, that no other conclusion can be reasonably drawn therefrom. “The law imposes upon a person sui juris the duty to use ordinary care to protect himself from injury, and the degree of such care should be commensurate with the danger to be avoided. Holland v. Malpass, 255 N.C. 395 , 121 S.E. 2d 576 ; Alford v. Washington, 244 N.C. 132 , 92 S.E. 2d 788 ; 65 C.J.S., Negligence, sec. 116, p. 706. It was the duty of Mrs. Rosser to look before she started across the highway. Goodson v. Williams, 237 N.C. 291, 296 , 74 S.E. 2d 762, 766 . It was also her duty in the exercise of reasonable care for her own safety to keep a timely lookout for approaching motor traffic on the highway to see what she should have seen and could have seen if she had looked before she started across the highway. Garmon v. Thomas, 241 N.C. 412, 416 , 85 S.E. 2d 589, 592 ."”

   4 later decisions quote this exact passage
   e.g. 27 N.C. App. 318 - Bogle v. Duke Power Co. · Price v. Miller