Sherman v. Korff’s Empirical Analysis

Citation profile

3 federal appellate · 23 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * Divorcing ourselves, as we must if we are to do justice, from the baleful influence of a pernicious fiction, what control or right of control has á passenger, even though he may be a co-owner, as the car speeds down the highway, driven by the other co-owner?’ Any attempted exercise of the right of control by wresting the wheel from the-driver would be foolhardy. * * “ * * * The plain fact of the matter is that there is no ‘right of control’’ in the passenger, and it is pure fiction, to assert that such exists simply because legal title to the car is in their joint names. With reference to the-Illinois courts it has been said that' when they find (or fail to find) a ‘right of control’ they actually are merely expressing a result, not giving a reason.. * * * “When we are interpreting such: words as ‘agent’ and ‘control,’ we must constantly ask, Agency for what purpose? Control in what respect? It is-hornbook learning that because one is-an agent for one purpose he is not an-agent for all. An agent to sell and', convey lands has no authority to mortgage. * * * No more can we say that because joint ownership results in-real control for some purposes (e. g.,. transfer of title), there is control for all purposes (e. g., steering and braking-while car is being driven by another). Authority and reason alike support the-proposition that the true relationship between husband and wife at the time of the accident was that of bailor and bailee. * * ⅜ ””

   1 later decision quote this exact passage
   e.g. Porter v. Wilson

2. ““Any attempted exercise of the right of control by wresting the wheel from the driver would be foolhardy. Equally menacing to the driver’s efficient operation of the machine are raucous reproaches, strident denunciations, or even persistent unctuous admonitions from the back seat. ‘. . . in the long run, the greater safety lies in letting the driver alone.’ ’’”

   1 later decision quote this exact passage
   e.g. Vallejo v. Montebello Sewer Co. Inc.

3. ““Marriage vows of husband and wife create a great joint venture. What is beneficial to one spouse is, or should be, beneficial to the other. What is detrimental to one is usually detrimental to the other. * * * ””

   1 later decision quote this exact passage
   e.g. Porter v. Wilson