35 So. 2d 812 - Joyner v. Williams’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This is not the usual situation of a motorist passing an animal on the open highway and the general rule regarding perception of fright in the animal is not applicable. The court of appeal recognized that a driver must not create any unusual situation which might cause nervousness or fright in an animal. We think that in the present case the defendant did create such an unusual situation. The physical facts such as the high enclosed structure of the bridge, the clanking noise of the dual wheels of the fully loaded truck on the steel runways, the size of the truck in height and width, the confinement of the horse in a small, narrow space by the large moving truck, and the release of the air brakes (which we are convinced from the testimony did happen), are all factors which caused the horse to shy and throw its rider. These factors were known to Bourgeois and his failure to stop his truck created the unusual situation which caused fright and nervousness in the animal, leading to the resulting accident. We cannot conclude that the acts of Bourgeois were the acts of a reasonable and prudent man and we, therefore, conclude that he was guilty of negligence in not bringing his truck to a halt prior to passing the horses. It appears that these boys crossed this bridge on other occasions and that all the motorists stopped, thus evidencing that a reasonable and prudent person recognized that the animals might be frightened and cause injury.””

   1 later decision quote this exact passage
   e.g. State Farm Mutual Automobile Insurance Co. v. Guidry

2. ““The jurisprudence of this state is without a precedent. The fact that there are three angles to the picture remove it from the ordinary class of cases that involve collisions between animals and cars on the public highways. Here, we have a situation that should have impressed the operator of the rear automobile with the imperative necessity of acting with the utmost precaution. The location of the horse, its rate of speed, and of the Rogers car and its speed, must have indicated clearly to Williams that to pass the forward car when and in the manner he attempted, would put all three in close proximity to each other; that the horse would have to its left the Rogers car and be confronted with the Williams car moving toward him at a rapid speed. Under such circumstances, knowing the disposition of horses, was Williams warranted in assuming that the horse would not become excited and unmanageable, and would not do the unexpected? We do not think so.” [ 35 So.2d 812, 815 ].”

   1 later decision quote this exact passage
   e.g. 165 So. 2d 576 - Edelen v. Zurich Insurance

3. ““The foregoing resume of his conduct should convince anyone- that his love and affection for the dead boy and his interest in him was not nearly so great as it should have been. We believe that $1,000.00 will adequately compensate him.””

   1 later decision quote this exact passage
   e.g. 102 So. 2d 770 - Walker v. Jarnevich