Jameson v. Fox’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * Indeed, if the two causes of action could exist independently so that there could be both a plaintiff’s verdict on plaintiff’s cause of action and a defendant’s verdict on defendant’s counterclaim, the amount now in dispute would comprise the amount sued for on plaintiff’s cause of action plus the amount recovered by defendant on his counterclaim, and appellate jurisdiction would be all the more clearly in the Supreme Court. (Citing a case.) “The solution of our problem lies in the fact that owing to the nature of this case a plaintiff’s verdict on plaintiff’s cause of action and a defendant’s verdict on defendant’s counterclaim could not exist together. By his cause of action plaintiff sought to impose complete responsibility for the collision upon defendant, while defendant, by his counterclaim, sought to impose complete responsibility for the collision upon plaintiff. In other words, the situation is one where defendant’s counterclaim was not only a counterclaim in the sense that it asked for affirmative relief, but also where the facts upon which the counterclaim was based, if established, constituted a complete defense to plaintiff’s cause of action. Bramblett v. Harlow, Mo.App., 75 S.W. 2d 626 , 633. Upon the question of liability for the accident the proof of either cause of action would at the same time disprove the other. In this situation the issues arising both on plaintiff’s cause of action and on defendant’s counterclaim were merged in and re solved by th”

   1 later decision quote this exact passage
   e.g. Rozen v. Grattan