Southern Ry. Co. v. Edwards’s Empirical Analysis

Citation profile

15 federal appellate · 8 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are aware of no valid reason for holding that a carrier is under a duty to give notice or warning of a condition which is so visible that any danger therefrom must be apparent to and appreciated by a person of ordinary intelligence, prudence, and experience who undertakes the unloading of a car. * * * It is apparent from the evidence that the deceased realized that there was some danger to him in attempting the unloading in the way adopted. It seems that it may be inferred that that danger might have been avoided by putting suitable side supports in the cuffs which had been left vacant on the side on which poles were not intended to fall, by bracing the load on that side with a prop or props resting on the ground, or by breaking or cutting the wires by the use of some instrument operated at a safe distance from falling poles. But, whether there was or was not a practicable way of avoiding that danger, the deceased was negligent in incurring a danger which was open and apparent. That danger was brought into play by deceased’s own voluntary act, done with full knowledge of the-situation dealt with and that it involved peril.””

   2 later decisions quote this exact passage · from the majority
   e.g. Redding v. Long-Bell Lumber Co. · Nashville Bridge Co. v. Ritch

2. “We are aware of no valid reason for holding that a carrier is under a duty to give notice or warning of a condition which is so visible that any danger therefrom must be apparent to and appreciated by a person of ordinary intelligence, prudence, and experience who undertakes the unloading of a car. 30”

   2 later decisions quote this exact passage · from the majority
   e.g. Southern Pacific Transportation Co. v. Reed · Nashville Bridge Co. v. Ritch

3. “the alleged negligent failure of appellants to warn the consignee or the deceased, an employee of the consignee, of the alleged danger to the consignee or any person attempting to unload a carload of telephone poles resulting from the standards or stakes used on the sides of the car being too few or too weak.”

   1 later decision quote this exact passage · from the majority
   e.g. Nashville Bridge Co. v. Ritch