Barnes v. Haney’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Wantonness has been defined as the conscious doing of some act or omission of some duty under knowledge of existing conditions and conscious that from the doing of such act or omission of such duty injury will likely or probably result. Before a party can be said to be guilty of wanton conduct it must be shown that with reckless indifference to the consequences he consciously and intentionally did some wrongful act or omitted some known duty which produced the injury. Graves v. Wildsmith, 278 Ala. 228 , 177 So.2d 448 , and cases there cited. "What constitutes wanton conduct depends upon the facts in each particular case. Lewis v. Zell, Ala., 181 So.2d 101 ." Barnes v. Haney, Ala., 189 So.2d 779 .”

   3 later decisions quote this exact passage
   e.g. 48 Ala. App. 224 - City of Fairhope v. Raddcliffe · 457 So. 2d 388 - Brown v. Schultz

2. ““The same charge was held to be ‘a good charge’ in McNeil v. Munson Steamship Line, 8 Ala.App. 610 , 62 So. 459 . (The case was reversed by this court, 184 Ala. 420 , 63 So. 992 , on other questions.) It is obvious that the charge could have been refused on the use of ‘believe’ instead of ‘reasonably satisfied’ in the third sentence, but under the uniform rulings of this court, reversible error will not be predicated on the giving or refusal of such charges. St. Louis-San Francisco R. Co. v. Kimbrell, 226 Ala. 114 , 145 So. 433 [6], and cases there cited; Marigold Coal, Inc. v. Thames, 274 Ala. 421 , 149 So.2d 276 . We havo also held that neither the giving or refusal of ‘unavoidable accident’ or ‘mere accident’ charges constitutes reversible error, but the better practice is to refuse them. Taylor v. Thompson, 271 Ala. 18 , 122 So.2d 277 . We hold that the charge had, at most, only a tendency to mislead, and there was no reversible error in giving it.””

   1 later decision quote this exact passage
   e.g. Gilmer v. Salter

3. ““ * * * To recover the plaintiff must show that the defendant was guilty of a breach of some duty that it (sic) owed the plaintiff. * * * ””

   1 later decision quote this exact passage
   e.g. Gilmer v. Salter