Freifield v. Hennessy’s Empirical Analysis

Citation profile

11 federal appellate · 5 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The defendant argues that since the plaintiff interposed no objection to the court’s instructions he may not now complain of error therein. This argument is in accord with the general rule which is subject to exception. Hormel v. Helvering, 312 U.S. 552 , 557, 558, 61 S.Ct. 719 , 85 L.Ed. 1037 (1941); Mazer v. Lipschutz, 327 F.2d 42 , 52 (3rd Cir. 1964); McNello v. John B. Kelly, Inc., 283 F.2d 96 , 101, 102 (3rd Cir. 1960); Callwood v. Call-wood, 233 F.2d 784 , 788 (3rd Cir. 1956). Where it is apparent on the face of the record that counsel failed to Object to a fundamental and highly prejudicial error, and this failure may have resulted in a miscarriage of justice, the error must be noticed and rectified. Ibid. This exception to the general rule is applicable to the instant case.””

   2 later decisions quote this exact passage · from the majority
   e.g. Breeding v. Massey · Paluch v. Erie Lackawanna Railroad