Winterbottom v. Casey’s Empirical Analysis

Citation profile

7 federal appellate · 2 district ·

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

1. ““ * * * A ‘regular, place of business’ is, obviously, a place where such business is carried on ‘regularly,’ and not merely temporarily, or for some special work or particular transaction. * * * “Passing for the moment to consider the proper construction of the phrase ‘established place of business,’ the words themselves necessarily indicate that an ‘established’ place of business is more than, or at the very least different from, merely a ‘place of business.’ Otherwise Congress used a meaningless word, an act, with a result, which surely could not have been intended and should not be inferred, unless no other construction be possible. It is, however, entirely clear that the word was selected deliberately, to signify that the particular place of business contemplated was not any place where business might be transacted, however temporarily, but must be a permanent place of business.””

   1 later decision quote this exact passage · from the majority
   e.g. Phillips v. Baker