Thompson v. Walton’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The contention of defendants that the court erred in permitting plaintiff’s physicians to testify to alleged injuries not pleaded in the petition amounts to the assertion that there is a fatal variance between plaintiff’s pleading and proof. They argue that plaintiff’s petition set forth with great particularity the specific injuries complained of yet there is no allegation as to general injuries, and that the physicians’ testimony were relative to a subluxation and displacement of vertebrae in the neck which was neither pleaded nor could it be anticipated that such testimony would be offered under the pleadings. ****** “By Section 311, 12 O.S.1951, no variance between the pleading and proof is to be deemed material, ‘unless it has actually misled the adverse party, to his prejudice, in maintaining his action or defense upon the merits.’ The petition charged, and the evidence adduced tend-, ed to prove, that plaintiff sustained an injury to the ligaments and tendons in the region of the 3rd cervical vertebrae. The physician’s testimony, objected to by defendants, was that the ligaments were a part of the joint; that the same being torn and stretched caused a space to be prevalent between the 3rd and 4th cervical vertebrae which they interpreted as a subluxation. It is their contention that subluxation or injury to the joint itself was not pleaded by plaintiff and therefore the admission of this testimony over their objections constituted error as it was a variance and outsid”

   1 later decision quote this exact passage · from the majority
   e.g. Gustin v. Meadows

2. ““In an action for damages for personal injuries, where plaintiff pleads both generally and specifically as to the damages resulting from such injuries, the plaintiff is not limited in his proof to the injuries specifically alleged,. but, in the absence of a motion to make more definite and certain, may prove results of the wrongful act alleged, the origin or aggravation of which is traced to the injuries described.””

   1 later decision quote this exact passage · from the majority
   e.g. Gustin v. Meadows