Rogers v. Dubiel’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true that counsel for plaintiff might have questioned defendant concerning these aspects when he had defendant on the stand as an adverse witness. However, under the general view that we take, it was not necessary that he do so. Plaintiff had established a prima facie case when he showed that he was standing on the shoulder of the street in a location where he had a legal right to be and was injured by the departure of defendant’s vehicle from the lane of traffic it was required to use. Thereafter the burden was on defendant to convince the trier of the facts that he was not negligent. ⅜ ⅜: ⅜ ⅜ ⅜ ⅜ “ * * * The fact that defendant failed to mention in his testimony anything that could be classified as an affirmative act of negligence is not sufficient to relieve him from responsibility. The controlling fact is that his automobile skidded out of his control and into a portion of the roadway that it was not permitted to enter except with safety.” 373 P.2d at 297-298 . (Footnote omitted. Emphasis supplied.)”

   3 later decisions quote this exact passage
   e.g. Vespe v. DiMarco · Ferrell v. Baxter

2. ““The law required the defendant to operate his vehicle as nearly as practicable entirely within the lane of traffic along which he was proceeding, and that he not depart that lane until he had ascertained that he could do so with safety. This he failed to do.” 373 P.2d at 296 .”

   1 later decision quote this exact passage
   e.g. Ferrell v. Baxter