Rash v. Ross’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Defendants pleaded that Ritchie was contributorily negligent as a matter of law, in that he violated the statutory standards of §§ 52 and 53, Art. 6701d, Vernon’s Ann.Civ.Stats., which required Ritchie to drive on his right side of the road. Lewis v. Reichel, Tex.Civ.App., 256 S.W.2d 216 . Ordinarily, negligence per se is submitted in two issues, one that inquires about the conduct claimed to be violative of the statute, and the other about proximate cause. When it is claimed, as Ritchies do, that the statutory violation was excused and excuse is properly raised, statutory negligence is dissolved, and the common law negligence issue is submitted. The court submitted the issues about Ritchie’s contributory negligence in that manner. The jury found, supported by the evidence, that Ritchie drove his vehicle to the left of the center of the traveled portion of the highway immediately before the collision, but that this was not negligence. Although the proximate cause issue was conditionally submitted, the jury answered the issue and found that the act was a proximate cause of the collision. Defendants contend that the answer which convicted Ritchie of violating the statutory standard, together with the proximate cause answer, established negligence per se. This argument disregards the fact that Ritchies established their excuse for being on the wrong side of the road. Violations of the traffic law, such as driving on the left side of the road in violation of a statute may, in pa”

   1 later decision quote this exact passage
   e.g. Structural Metals, Inc. v. Impson

2. ““Under Appellee’s Counter Points 2 through 7 inclusive, page 12 of his brief, he argues that ‘His being on the left side of the road was reasonably excused. This would apply even if a penal statute had been violated.’ On said page 12 and elsewhere the Appellee argues that the trial court did not submit, nor was he requested to submit an issue to have determined if the plaintiff’s being on the left side of the road was negligence and that under the evidence of the case such a finding was necessary to establish defendants’ purported defense, and there being no such finding and no request for such an issue to be determined, it is to be presumed that the trial court found for the plaintiff on the matter. Further that an act under statute would ordinarily be negligence per se may not be even ordinary negligence at common law under the particular circumstances of a particular case. In answer to such argument made by Appellee, Appellants call the Court’s attention to the following: (1) Appellants specifically plead the various acts of contributory negligence on the part of Appellee; (2) Appellee did not plead excuse; (3) Appellee’s pleadings gave no notice that he was relying upon excuse as a justification for the claimed violation; and (4) Appellee did not request the submission of a special issue on excuse or a special issue on common law negligence in respect to the claimed acts of statutory violations.””

   1 later decision quote this exact passage
   e.g. Reuter v. Gilbreath

3. ““1. A violation of a penal statute which contains an appropriate standard for determining civil liability, constitutes negligence as a matter of law. 2. This rule is not inexorable. The party violating the statute may assume the burden of going forward with the evidence and raise an issue as to an excusable violation. 3. If said party bring forward sufficient evidence to raise the issue (and this is a preliminary matter for decision of the trial court), then the issue of negligence determined by the reasonably prudent man standard should be submitted. 4. The burden of proof upon this issue rests with the party asserting negligence for upon him rests the burden of proof as distinguished from the burden of going forward with the evidence.””

   1 later decision quote this exact passage
   e.g. Structural Metals, Inc. v. Impson