Phillips v. Henson’s Empirical Analysis

Citation profile

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

1. “defendant's liability under the humanitarian rule depends upon whether plaintiff's injuries were caused by negligent acts of defendant after he saw or should have seen plaintiff in a position of peril.”

   2 later decisions quote this exact passage
   e.g. Ridge v. Jones · Henkrick v. Kurn

2. “The word ‘highway,’ as used in this statute, was intended to embrace any road or thoroughfare used and traveled by the public, even though the same was not laid out by the county court and technically designated as a public road or highway. ‘Highway’ is used in its popular rather than its technical sense, and is synonymous with ‘road’, which is ‘an open way of public passage for vehicles, persons, and animals.’ Webster’s New International and Funk & Wag-nall’s Diets. There was testimony in the record tending to show that the appellant was in an intoxicated condition on a ‘road’ leading from the church house at Mt. Maria, which was being traveled by the public, and also on the street in Mur-freesboro. This testimony was sufficient to sustain the charge as far as the word ‘highway’ is concerned, for a ‘street’ is ‘a public highway.’ Webster’s New International Diet. The road was being used by the public.”

   1 later decision quote this exact passage
   e.g. Covert v. Fisher

3. “The evidence tends to show that plaintiff was in peril as he approached the intersection. His peril arose as soon as it became apparent from his conduct that he intended to cross the intersection without stopping. [Burke v. Pappas, 293 S.W. 145 , 316 Mo. 1235 .] In this connection, defendant contends that plaintiff was never in a position of peril because his own evidence showed that he could have stopped his motorcycle before reaching the point of collision, after he discovered the truck had turned to the left. Such evidence would convict him of contributory negligence, but contributory negligence is not a defense to a cause under the humanitarian rule.”

   1 later decision quote this exact passage
   e.g. State Ex Rel. Sirkin & Needles Moving Co. v. Hostetter