Flick v. Shimer’s Empirical Analysis

Citation profile

2 federal appellate · 13 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There were sufficient facts in this case to submit to the jury on the main issue which is whether or not William K. Shimer, the decedent, was driving the truck at the time of the accident. It was his truck and he knew how to drive it. There is no evidence that the other occupants had driven trucks or cars within recent years or possessed driver’s licenses. Shimer was slightly younger than the younger of the two men who accompanied him. It was he who volunteered to go and get the furniture. He was at the wheel of the truck when it left on its mission. There is nothing to give rise to an inference that Shimer at any time during the journey relinquished the driving of his own truck to either of his elderly guests. Such things are not customarily done, especially on short journeys.””

   1 later decision quote this exact passage
   e.g. Schumacher v. Swartz

2. ““ Tt is often said that when a person, or object, or relation, or state of things is shown to have existed at a given time, its continuance is presumed. . . . When the existence of an object, condition, quality, or tendency at a given time is in issue, the prior existence of it is in human experience some indication of its probable persistence or continuance at a later period.”

   1 later decision quote this exact passage
   e.g. Schumacher v. Swartz