Albert v. Sherman’s Empirical Analysis

Citation profile

22 federal appellate · 52 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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) Bodne v. Austin, 156 Tenn. 353 , 2 S.W.2d 100 , 62 A.L.R. 1410 (the wife’s case), settles the proposition that an action for injuries to the person, whether viewed as one in contract or one in tort, is barred by the one-year statute of limitations. Code, sec. 8595, Bodne v. Austin, 156 Tenn. 366 , 2 S.W.2d 104, 105 (the husband’s case), adjudges that the mere failure of a plaintiff to discover the existence of his cause of action does not prevent the running of the statute. * *”

   2 later decisions quote this exact passage · from the majority
   e.g. 59 Tenn. App. 128 - Clinard v. Pennington · State v. Head

2. ““As a general rale, the cause of action for a wrongful act, whether negligent or willful, or for the breach of a contract or duty, accrues immediately upon the happening of the wrongful act or the breach, even though the actual damage resulting therefrom may not occur until some time afterwards. The statute therefore begins to run upon the occurrence of the act or breach complained of, and not from the time of the damage resulting therefrom. ’ ’”

   1 later decision quote this exact passage · from the majority
   e.g. Leyen v. Dunn

3. “we have been referred to no authority holding that mere ignorance and failure to discover the existence of the cause of action, or the consequential damages resulting from the breach of duty or wrongful act, can prevent the running of the statute of limitations.”

   1 later decision quote this exact passage · from the majority
   e.g. Teeters v. Currey