Kleibor v. Rogers’s Empirical Analysis

Citation profile

3 federal appellate · 29 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where an unemancipated minor child is injured by the negligence of another, two causes of action arise: (1) An action on behalf of the child to recover damages for pain and suffering, permanent injury and impairment of earning capacity after attaining majority; and (2) an action by the parent, ordinarily the father, for (a) loss of the services and earnings of the child during minority and (b) expenses incurred for necessary medical treatment for the child’s injuries. Shipp v. Stage Lines, 192 N.C. 475, 479 , 135 S.E. 339 ; White v. Comrs. of Johnston, 217 N.C. 329, 333 , 7 S.E. 2d 825 ; Ellington v. Bradford, 242 N.C. 159 , 86 S.E. 2d 925 ; 3 Lee, North Carolina Family Law § 241, p. 105, note 1. “With reference to the two causes of action now under consideration, the prior action in behalf of the minor and the present action by the father, the parties are different and the causes of action are different. Ellington v. Bradford, supra. An attempt to combine the two actions in one suit would constitute a misjoinder of parties and causes of action and such suit would be subject to dismissal if defendant demurred on that ground. Thigpen v. Cotton Mills, 151 N.C. 97 , 65 S.E. 750 ; Campbell v. Power Co., 166 N.C. 488 , 82 S.E. 842 ; Ellington v. Bradford, supra.””

   1 later decision quote this exact passage
   e.g. Price v. Seaboard Air Line Railroad Co.

2. “which sustains a demurrer to a plea in bar [res judicata ] affects a substantial right and a defendant may appeal therefrom”

   1 later decision quote this exact passage
   e.g. Bockweg v. Anderson