Smith v. Johnson’s Empirical Analysis

Citation profile

12 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. ““When plaintiff proves such ownership of the car by defendant, and thereby brings into being the presumption [that the driver was his agent], he need not offer further proof that the operator of the car was the agent of defendant, and in the line and scope of his authority, until and unless defendant has offered proof that he was not acting for defendant in the line and scope of his authority. And if defendant makes that proof and it is not contradicted, either expressly or inferentially, defendant is entitled to [a directed verdict]. But if there is any evidence which reflects upon the credibility of that evidence by defendant on that question, or from which an inference may be drawn to a different result, whether such evidence was produced by defendant or plaintiff, the question of whether the operator of the car was defendant’s agent acting in the line and scope of his authority should be submitted to the jury.” (Emphasis added.) 237 Ala. at 554-55 , 187 So. at 731 .”

   1 later decision quote this exact passage · from the majority
   e.g. 447 So. 2d 178 - Felder v. Hill

2. “"This presumption is prima facie only, is not conclusive, and is rebuttable. Its effect merely imposes upon the automobile owner the burden of showing that the driver was not his agent or that, if he was, he was not acting within the scope of his authority or in the course of his employment."”

   1 later decision quote this exact passage · from the majority
   e.g. 578 So. 2d 1281 - Williams v. Hughes Moving & Storage Co.