Wing v. Morse’s Empirical Analysis

Citation profile

14 federal appellate · 9 district · 46 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As in all previous negligence actions, —and this is no exception — in order for the plaintiffs to recover they must prove against the defendants, either jointly or singly, by a fair preponderance of the evidence as I have defined that term to you each and all of the following elements : First, that the plaintiff just before and at the time of the occurrence in question was using reasonable care for her own safety; and Second, that the defendants, either jointly or singly, were guilty of a negligent act or omission and the plaintiff was free from negligence, and that the plaintiff sustained the injuries charged and that they were proximately caused by the negligence, if any, of such defendant or defendants. If the plaintiff fails to prove any one of the aforesaid elements by a fair preponderance of the evidence, she cannot recover. Once again, when I use the word ‘negligence’, you know I am referring to degree of negligence. As I have previously told you, this is an abrogation of our previous law of contributory negligence, which prevented recovery by a plaintiff for damages in a case in which he or she was in any degree negligent. Our present law of comparative negligence provides that in cases of fault on the part of both plaintiff and defendant such claim by the plaintiff may not be defeated by reason of the fault of the plaintiff, but the damages recoverable in respect thereof shall be reduced to such extent as you the jury think just and equitable, having regard for the ”

   6 later decisions quote this exact passage
   e.g. Pelletier v. Fort Kent Golf Club · Crocker v. Coombs

2. “Contributory negligence no bar; comparative negligence; findings of fact and special verdicts, (a) Contributory negligence shall not bar recovery in any action by any person or the person’s legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the negligence of the person or in the case of more than one person, the aggregate negligence of such persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made. (b)In any action to which subsection (a) of this section applies, the court, in a nonjury trial, shall make findings of fact or, in a jury trial, the jury shall return a special verdict which shall state: (1) The amount of the damages which would have been recoverable if there had been no contributory negligence; and (2) The degree of negligence of each party, expressed as a percentage. (c) Upon the making of the findings of fact or the return of a special verdict, as is contemplated by subsection (b) above, the court shall reduce the amount of the award in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made; provided that if the said proportion is greater than the negligence of the person or in the case of more than one person, the aggregate negligence of such persons against”

   1 later decision quote this exact passage
   e.g. Dunbar v. Thompson

3. “" In the trial of an action it is the duty of the presiding justice, at the close of the evidence, to present the case, in his charge to the jury, by pointing out clearly and concisely the precise issues in controversy and the rules of law applicable thereto . . . `He should do all such things as in his judgment will enable the jury to acquire a clear understanding of the law and the evidence to form a correct judgment. He is to see that no injustice is done.'"”

   1 later decision quote this exact passage
   e.g. State v. Lewisohn