Emanuele v. State’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 2 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. “It is urged by the State that this last quoted sentence does not eliminate the necessity of a claimant filing the notice of intention within 90 days as mentioned in Sec. 10, subd. 3. We find no reason for such an interpretation of the Statute. To say that although a claimant was under legal disability, he still had to file a notice of intention within 90 days after the accident would be to read something into the statute which is not there and which would make it entirely meaningless. A tort claimant who is not under legal disability, or has no reasonable excuse for failure, must file his claim within 90 days. He may avoid this only by filing a notice of intention within that period in which event his time to file the claim itself is extended to two years after the accrual of the claim. But a claimant who is under legal disability is compelled only to present his claim within two years after the disability is removed. Infancy, along with incompetency, habitual drunkenness, and the like are legal disabilities. Surely, it cannot be that the Legislature intended that an incompetent or an infant, who has two years after the removal of his disability within which to present a claim, must nevertheless file a notice of intention within 90 days after the accident and within a period during which such legal disability exists. That would be wholly unreasonable.”

   1 later decision quote this exact passage
   e.g. In re Consolidated Bus Cases

2. “An illegal imprisonment must be treated as a wrong from its very inception, and it matters not on what date knowledge of such illegality is acquired.”

   1 later decision quote this exact passage
   e.g. Whirl v. Kern