Moore v. Babb’s Empirical Analysis

Citation profile

10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A county board of education is ‘a body politic and corporate,’ which may sue and be sued. It is vested with the duty and authority of administering the schools within its district, including the employment of teachers, according to the terms of the statutes. KRS 160.-160. County Board of Education of Bath County v. Goodpaster, 260 Ky. 198 , 84 S.W.2d 55 ; Howell v. Haney, Ky., 330 S.W.2d 941 . “A public corporation may act only as a body, properly convened and functioning as such; and separate individual action of its members is ineffectual. Lone Jack Graded School District v. Hendrickson, 304 Ky. 317 , 200 S.W.2d 736 . Therefore, the action for in-junctive relief must have been against the McCracken County Board of Education in its corporate name; and if the members of the Board were to be joined, they should have been sued as officials rather than as individuals. City of Catlettsburg v. Davis’ Adm’r., 262 Ky. 726 , 91 S.W.2d 56 . It is readily apparent that regardless of the merits of the plaintiff’s claim of a vested right to teach, her action against the members of the Board as individuals for a specific order requiring the Board to assign her a school for the year 1959-1960 was not maintainable.””

   1 later decision quote this exact passage
   e.g. Johnson v. King

2. ““The members of a county board of education who deprive a teacher of a contract to which she has acquired the right under the terms of the statutes may be held personally liable in damages for the teacher’s loss of salary in the absence of estoppel or other bar and upon proper proof. The basis of personal liability is the failure to perform a ministerial duty, and the board is exempt from liability where it has paid another teacher placed in the position. Cottongim v. Stewart, 283 Ky. 615 , 142 S.W.2d 171 ; Duff v. Chaney, 291 Ky. 308 , 164 S.W.2d 483 ; Smith v. Beverly, 314 Ky. 651 , 236 S.W.2d 914 ; Cooksey v. Board of Education of Fairview Ind. School Dist., Ky., 316 S.W.2d 70 .””

   1 later decision quote this exact passage
   e.g. Babb v. Moore