Miller v. Wagoner’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We think it is the law that a motorist following another vehicle must drive at a reasonable speed, keep back a reasonable distance, and keep his vehicle under reasonable control so as to provide for the contingency of a car in front suddenly stopping; that he must maintain a proper lookout for the car in front, so that he can stop without a collision or can turn out and pass the vehicle in front without getting in the way of traffic approaching from the opposite direction. A question of fact as to the existence of negligence is usually presented when one motor vehicle overtakes and strikes one in front of it, going in the same direction. The collision itself is some evidence of negligence on the part of the driver who strikes a preceding car from the rear. Blashfield’s Cyclopedia of Automobile Law and Practice, Perm.Ed., Vol. 2, p. 143, sec. 942; Caraway v. Behrendt, Tex. Civ.App., 224 S.W.2d 512 ; Mueller v. Bobbitt, Tex.Civ.App., 41 S.W.2d 466 ; Houston Electric Co. v. McLeroy, supra [Tex.Civ.App., 153 S.W.2d 617 ].””

   1 later decision quote this exact passage
   e.g. Boddy v. Canteau