Pennington v. Styron’s Empirical Analysis

Citation profile

2 district · 10 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Ladies and Gentlemen of the jury, when you come to the _issue, the Court instructs you that: If the bailee, without authority, deviates from the contract as to the place of storage or keeping of the property, and a loss occurs which would not have occurred had the property been stored or kept in the place agreed upon, he is liable even though he is not negligent. The bailee assumes the risk of any injury which would not have resulted had he not moved the property, even though the place to which he moves the goods is equally safe and proper for the purpose. An unauthorized deviation would make the Defendant’s liability absolute, and the Plaintiff would not be required to prove negligence of any type or degree. Ladies and Gentlemen of the jury, if you find from all the evidence that the agreement between the parties was that the Plaintiff’s motorcycle was stored at the office and service building of the Defendant, and that the Defendant stored the motorcycle in an outbuilding, without the authority or consent of the Plaintiff, then you must answer this issue in favor of the Plaintiff, regardless of the negligence of the Defendant.”

   1 later decision quote this exact passage
   e.g. 54 N.C. App. 635 - Smith v. McRary

2. “To be admissible in evidence “a custom must be shown to have been so general that a contracting party will be presumed to have had knowledge of it, in order to make it a part of the contract . . . ””

   1 later decision quote this exact passage
   e.g. 428 F. Supp. 1375 - Nilsen v. Mutual Marine Office, Inc.