Price v. Miller’s Empirical Analysis

Citation profile

3 federal appellate · 52 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If defendant were negligent in not seeing plaintiff’s intestate, who was dressed in dark clothes, in whatever length of time he might have been in the vision of her headlights, then plaintiff’s intestate must certainly have been negligent in not seeing defendant’s vehicle as it approached, with lights burning, along the straight and unobstructed highway. We must conclude that plaintiff’s intestate saw defendant’s automobile approaching and decided to take a chance of getting across the road ahead of it, or in the alternative, that he not only failed to yield the right of way to defendant’s automobile, but by complete inattention started across the highway without looking. In any event. . . plaintiff’s intestate’s negligence was at least a proximate cause of his death.”

   5 later decisions quote this exact passage
   e.g. 30 N.C. App. 674 - Thornton v. Cartwright · 148 N.C. App. 372 - Culler v. Hamlett

2. “unless the evidence is free of material conflict, and the only reasonable inference that can be drawn therefrom is that there was no negligence on the part of the defendant, or that his negligence was not the proximate cause of the injury.”

   2 later decisions quote this exact passage
   e.g. Marcus Bros. Textiles, Inc. v. Price Waterhouse, LLP · England v. Downey

3. ““ ‘A motorist operates his vehicle on the public highways where others are apt to be. His rights are relative. Should he lapse into a state of carelessness or forgetfulness his machine may leave death and destruction in its wake. Therefore, the law imposes upon him certain positive duties and exacts of him constant care and attention. He must at all times operate his vehicle with due caution and circumspection, with due regard for the rights and safety of others, and at such speed and in such manner as will not endanger or be likely to endanger the lives or property of others. G.S. 20-140; . . .’ ‘He must operate his vehicle at a reasonable rate of speed, keep a lookout for persons on or near the highway, Cox v. Lee, ante ( 230 N.C. 155 ), decrease his speed when any special hazard exists with respect to pedestrians, (G.S. 20-141 (c), and, if circumstances warrant, he must give warning of his approach by sounding his horn. G.S. 20-174 (e); . .”

   1 later decision quote this exact passage
   e.g. 4 N.C. App. 634 - Morris v. Minix