Government Employees Insurance v. Davis ex rel. Davis’s Empirical Analysis

Citation profile

11 federal appellate · 1 district · 7 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Once it has been established that a child is capable of contributory negligence, the Louisiana cases recognize that such negligence is not necessarily measured by the same standard as that applicable to an adult, but `that the negligence of a child must be judged in accordance with his experience, age, understanding, development, intelligence and capacity.' Jenkins v. Firemen's Insurance Co. of Newark, N. J., supra, [La.App.,] 83 So.2d at p. 501. In Cook v. Louisiana Public Utilities Co., La. App. 1 Cir. 1944, 19 So.2d 297, 298 , it was said: "`In considering and applying the doctrine of contributory negligence as it relates to children, it is proper, as shown by numerous decisions on the subject, to take into account the peculiar facts and circumstances of each case and especially too, the intelligence and mental capacity of the child involved. It may well be that a boy ten or twelve years old could be said to be guilty of contributory negligence in conducting himself in the face of a rather common danger such as, for instance, the fast approach of an automobile on the highway or a city street, or a train on a railroad track, whereas in his conduct in relation to certain objects he knows nothing about or does not appreciate the dangers involved in coming in contact with them, he should not be held to the same standard of conduct as an adult. * * *' "The authorities generally recognize the principle that, `As to the child plaintiff * * *, the caution required is determined a”

   3 later decisions quote this exact passage · from the majority
   e.g. 147 So. 2d 739 - Danna v. London Guarantee & Accident Company · 135 So. 2d 607 - Robinson v. Fidelity & Casualty Company of New York

2. “"The Louisiana cases recognize the necessity of distinguishing between the capacity of a minor to be guilty of contributory negligence at all and the standard of care required of the minor. Louisiana in effect, follows the analysis recommended in an excellent annotation in 174 A.L.R. 1080 , 1083, on `Contributory Negligence of Children,' "`Basically, the present subject is divisible into three main parts, namely: (1) whether a child of a given age is chargeable at all with contributory negligence, (2) the bare question of capability being affirmatively established, the determination of the proper standard of care, and (3) whether a child capable of contributory negligence has complied with the particular standard of care with which he is specifically charged. Failure to recognize these divisible parts of the subject renders difficult any proper understanding of the rules established and followed in various jurisdictions.' "Once it has been established that a child is capable of contributory negligence, the Louisiana cases recognize that such negligence is not necessarily measured by the same standard as that applicable to an adult, but `that the negligence of a child must be judged in accordance with his experience, age, understanding, development, intelligence and capacity.' Jenkins v. Firemen's Insurance Co. of Newark, N.J., supra, [La.App.] 83 So.2d at p. 501."”

   1 later decision quote this exact passage · from the majority
   e.g. 147 So. 2d 739 - Danna v. London Guarantee & Accident Company

3. “The test for the correctness of an instruction does not lie in the indulgence which a lawyer in his office with the aid of his books, or the trial and appellate courts with the benefit of briefs and arguments of counsel, give to instructions, but as to how the instructions will naturally be understood by the average men composing juries”

   1 later decision quote this exact passage · from the majority
   e.g. McClendon v. Reynolds Electrical & Engineering