Patterson v. Thompson’s Empirical Analysis

Citation profile

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the instant case, after the abstract general statement in the first paragraph of the instruction, the second paragraph requires the jury to find certain facts as to the condition of the street, and that by reason thereof it was ‘dangerous and not reasonably safe’ (in the conjunctive), and that the defendant knew or should have known thereof in time by the exercise of ordinary care to have repaired it, and failed to exercise such care, and was thereby guilty of negligence (as the term negligence is defined in other instructions), etc. The facts required to be found to establish liability and the measure of defendant’s duty are correctly set forth in that part of the instruction which purports to tell the jury what they must find in order to return a verdict for plaintiff. The first paragraph is thus explained and qualified, and the error therein, if it is error, rendered harmless.””

   1 later decision quote this exact passage
   e.g. Fields v. Kansas City

2. ““The general rule is that while abstract instructions are not favored, if they correctly declare the law and are accompanied by other instructions which properly apply the law to the facts, the giving of such is not error. * * * But in order to sustain an abstract instruction it must appear that it not only properly declares the law but is not misleading. (Emphasis ours.)”

   1 later decision quote this exact passage
   e.g. Fields v. Kansas City