Fortner v. Koch’s Empirical Analysis

Citation profile

1 federal appellate · 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) Negligently failed to exercise a reasonable degree of care and skill as is usually exercised by physicians and surgeons practicing in this and like localities. “(b) And did not take proper X-rays for the purpose of making the proper diagnosis of the infected bone area. “(c) And did not take specimens of the tissue of the infected area and microscopically examine the same to determine the cause of said trouble. “(d) And did inject poisons or harmful drugs into the blood stream of the plaintiff. “(e) And did abandon the treatment of plaintiff without any cause whatsoever.””

   1 later decision quote this exact passage
   e.g. Fortner v. Koch

2. ““An instruction which assumes the existence of certain facts, or of evidence tending to prove them, when in fact there is no such evidence, is erroneous and should not be given. 64 C. J. p. 785.” Fortner v. Koch, 272 Mich. 273, 283 (38 N. C. C. A. 334).”

   1 later decision quote this exact passage
   e.g. Lord v. Winningham

3. ““A physician or surgeon is bound to follow the usual and ordinary practice of physicians and surgeons of ordinary learning, judgment or skill in his own or similar localities.””

   1 later decision quote this exact passage
   e.g. Fortner v. Koch