Moore v. Huff’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Your verdict must be for Plaintiff if you believe: First, Plaintiff was involved in an automobile collision on July 9, 1971, with a vehicle operated by Kenneth Jenkins. Second, that Kenneth Jenkins failed to keep a careful lookout. Third, that Kenneth Jenkins was thereby negligent. Fourth, that as a direct result of such negligence the plaintiff sustained bodily injury. Fifth, that the Jenkins’ vehicle was an uninsured motor vehicle at the time of the collision. Unless you believe Plaintiff is not entitled- to recover by reason of Instruction No. 5.””

   1 later decision quote this exact passage
   e.g. Wilkerson v. State Farm Mutual Automobile Insurance Co.

2. ““It must be recognized, however, that a system of instruction such as MAI is inherently standardized and inflexible. If this court is to make this system work, and preserve its integrity and very existence, we must insist that mandatory directions be followed and that the pattern instructions be used as written.” Id. at 258 (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. Kirkendall v. Townsend

3. ““ * * * All deviations from the straight and narrow path prescribed in MAI will be presumed prejudicially erroneous unless it is made perfectly clear that no prejudice has resulted. The requirements of MAI are mandatory. The burden of establishing nonprejudice is on the proponent of the instruction. * * * ””

   1 later decision quote this exact passage
   e.g. Johnson v. Harrington