Brown v. Gosser’s Empirical Analysis

Citation profile

43 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The fear that relaxation of the common law rule will open the door to fraudulent and fictitious claims, especially against insurance companies, has less force than the argument of `domestic peace and felicity.' We are not willing to admit that the courts are so ineffectual, nor our jury system so imperfect, that fraudulent claims cannot be detected and disposed of accordingly. There is opportunity for fraud in many types of claims which reach the courts, but that does not justify denying the right to maintain those which have merit."”

   2 later decisions quote this exact passage
   e.g. Chaffin v. Kentucky Farm Bureau Insurance Companies · Lewis Ex Rel. Lewis v. West American Insurance Co.

2. “(As to marital harmony) "It is difficult to see how an action for personal injuries would disrupt domestic peace and tranquility more than an action for damage to property; (As to fraud) "The fear that relaxation of the common law rule will open the door to fraudulent and fictitious claims, especially against insurance companies, has less force than the argument of 'domestic peace and felicity.’ We are not willing to admit that the courts are so ineffectual, nor our jury system so imperfect, that fraudulent claims cannot be detected and disposed of accordingly.” (As to stare decisis) "The appellant relies strongly on the principle of stare decisis to maintain his position that the common law rule still exists undisturbed in Kentucky. It must be admitted that stare decisis supports his position, but it seems to us the words of Mr. Justice Brandeis in State of Washington v. W. C. Dawson & Co., 264 U.S. 219 , 44 S. Ct. 302, 309 , 68 L. Ed. 646 , are applicable here: 'Stare decisis is ordinarily a wise rule of action. But it is not a universal, inexorable command. The instances in which the court has disregarded its admonition are many.’ ” (at page 484 of 262 S.W. 2d)”

   1 later decision quote this exact passage
   e.g. Boblitz v. Boblitz

3. “The minority rule received its greatest impetus from the dissenting opinion of Justice Harlan, concurred in by Justices Holmes and Hughes, in the case of Thompson v. Thompson, 1910, 218 U.S. 611 , 31 S.Ct. 111, 114 , 54 L.Ed. 1180 , 30 L.R.A., N.S., 1153, 21 Ann.Cas. 921. Their dissent was based squarely on the wording of a District of Columbia married woman's statute which, to our mind, is no broader than our equivalent Kentucky statute. * * * * *”

   1 later decision quote this exact passage
   e.g. 2 Utah 2d 404 - Taylor v. Patten