Osborn v. Lawson’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The rule of the Vermont and other cases just mentioned has not, we think, any application in the case at bar. It must in any event be limited in a case such as before us to a situation in which the employee or officer of the highway department acts independently of and not under the direction and control of the highway department ... It is said in 4 A.L.I. Restatement, Torts, § 888 (1939), as follows: “ ‘ * * * While there is no immunity by the mere fact that one is a public officer, there are many situations where a person may be protected by the command of a superior.. . . ’ * * ⅜ ⅜ * * “. . . In any event . . . the negligence, if any, in the operation of the snowplow herein was the negligence of the highway commission by reason of the fact that it prescribed the method of operating the snowplow. The operator of that snowplow, whether we call him an officer or employee makes little difference, followed in his operation the directions prescribed by his superior. He was compelled to do so or quit.... ” Osborn, supra, 374 P.2d at 205 .”

   1 later decision quote this exact passage · from the majority
   e.g. Oyler v. State

2. ““The operation of snowplows along the highways of this state is practically a necessity. It is a duty performed on behalf of the public, and so we think that we must hold that the operation of a snowplow in the case at bar was a governmental duty rather than ministerial. Mower v. Williams, 402 Ill. 486 , 84 N.E.2d 435 ; Shirkey v. Keokuk County, 225 Iowa 1159 , 275 N.W. 706 ; Genkinger v. Jefferson County, 250 Iowa 118 , 93 N.W.2d 130 ; 5 Blashfield, Cyclopedia of Automobile Law and Practice, § 2889, p. 28 (Perm. Ed.).””

   1 later decision quote this exact passage · from the majority
   e.g. Oyler v. State