365 So. 2d 1212 - Comer v. Gregory’s Empirical Analysis

Citation profile

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

1. “[a]ll questions of negligence and contributory negligence shall be for the jury to determine.”

   2 later decisions quote this exact passage
   e.g. Leach v. Leach · 531 So. 2d 817 - Graves v. Graves

2. “Without detailing the nature and extent of the injuries as described in the testimony of Blanton and some of his witnesses, but accepting it as true, we would sustain a verdict for considerably more than $200 had the jury so found. However, under the foregoing situation we cannot know how the jury determined the facts and resolved the elements entering into the amount it did name. . . . Under section 535, Code of 1930 [Section 11-7-61 ], in actions for assault and battery, defendant may show any extenuating circumstances in mitigation of damages. The jury could have concluded that the wrongful conduct of Blanton was such a mitigating circumstance as to largely reduce liability for the actual damages suffered by him.”

   1 later decision quote this exact passage
   e.g. Leach v. Leach

3. “Because it is the duty and responsibility of the trial jury, as required by statute ( 11-7-17 ) to determine all questions of negligence and contributory negligence, and because by statute ( 11-7-61 ) the jury may consider any mitigating or extenuating circumstances in evidence in reducing damages, we are of the opinion that the judgment of the trial court, even though based on a small jury verdict, should be affirmed.”

   1 later decision quote this exact passage
   e.g. Leach v. Leach