Horton v. House’s Empirical Analysis

Citation profile

1 federal appellate · 26 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In a matter of this sort, the plaintiff necessarily says to the defendant: T have suffered damage on account of your negligence which was the proximate cause of the injury inflicted upon me.’ Under a general denial, the defendant says: T deny the truth of your accusation,’ and where, upon a trial of the issues raised by the testimony, it is found that, while the plaintiff has suffered damage and was not guilty of negligence, yet the negligence which wa,s the sole proximate cause of the damages was that of a third party, for whose acts neither the plaintiff nor the defendant was responsible, the plaintiff is not entitled to recover. In other words, where, upon investigation and finding by a jury, it is discovered that the plaintiff’s injuries would not have been inflicted, although the defendant was negligent in the transaction, but for the fact that'the sole proximate cause of the injury inflicted upon the plaintiff was the negligent act of some one for whose act the defendant was in no wise responsible, the plaintiff’s right to recover is thereby defeated. In order for the plaintiff to recover, it is always necessary to show that the defendant was responsible for the injuries inflicted.””

   1 later decision quote this exact passage · from the majority
   e.g. Parker v. Jakovich