Fain v. Hughes’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “on the defendant's driving, the court below properly removed the issue of intoxication from consideration by the jury. Again, however, an officer's affirmative testimony that based on his observations at the scene of the accident the defendant was not under the influence of intoxicating liquor raises a distinguishing feature in the case which was not overcome by the defendant's admission that earlier in the afternoon of the accident he had had”

   1 later decision quote this exact passage
   e.g. 384 So. 2d 63 - Allen v. Blanks

2. “[f]ailure to give an instruction does not constitute reversible error unless the instruction is requested and refused.”

   1 later decision quote this exact passage
   e.g. BEALL TRANSPORT v. Southern Pacific Transp.