Davis v. Waterman’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. “and exercise the same standard of care as adults.”

   2 later decisions quote this exact passage
   e.g. 609 So. 2d 1234 - Splain v. Hines · 626 So. 2d 593 - Steele v. Holiday Inns, Inc.

2. “The law with respect to contributory negligence on the part of minors is clear. A minor child between the ages of seven and fourteen years is prima facie presumed not to be possessed of sufficient discretion to make him guilty of contributory negligence, and hence the defendant who raises such defense has a greater burden to prove the same than in a case where the appellant is not a minor child. (cites omitted). Such a presumption, however, is rebuttable by showing exceptional capacity. (cites omitted).”

   1 later decision quote this exact passage
   e.g. 626 So. 2d 593 - Steele v. Holiday Inns, Inc.

3. “It is true that none of the testimony literally described Terry as having `exceptional capacity' for his age, but we think the totality of the evidence was sufficient to justify the issue of his contributory negligence going to the jury. Clearly the evidence showed that he had capacity sufficient to know and appreciate the peril of his situation.”

   1 later decision quote this exact passage
   e.g. 626 So. 2d 593 - Steele v. Holiday Inns, Inc.