Bowsman v. Peterson’s Empirical Analysis

Citation profile

1 district · 14 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'The Soldiers and Sailors Civil Relief Act of 1940 (in like manner with all similar previous acts in our history) was prompted by at least two considerations, first the maintenance in the armed forces of a reasonable measure of that unbothered serenity and security in respect of personal responsibilities which effectively promotes military efficiency and the national defense; and secondly, the assurance that in the field of individual justice no advantage in judicial proceedings by or against a soldier or sailor will result from his absorption in his country's defense.'”

   8 later decisions quote this exact passage · from the majority
   e.g. Stevens v. Stevens · Crouch v. United Technologies Corp.

2. “‘ ‘ Stay of proceedings where military service affects conduct thereof. At any stage thereof any action'or proceeding in any court in which a person in military service is involved, either as plaintiff or defendant, during the period of such service or within sixty days thereafter may, in the discretion of the court in which it is pending, on its own motion, and shall, on application to it by such person or spme person on his behalf, be stayed as provided in this Act, unless, in the opinion of the court, the ability of plaintiff to prosecute the action or the defendant to conduct his defense is not materially affected by reason of his military service.””

   4 later decisions quote this exact passage · from the majority
   e.g. Crouch v. United Technologies Corp. · Hellberg v. Warner

3. ““We gather from the petition and the supporting depositions that the case arose out of an automobile accident, and that the defendant is the only witness in his own defense; that his counsel has not been able, because of his absence with the army, to consult with him in the preparation of the case, and that his present whereabouts is unknown. It is hard to imagine a more compelling case for invoking the aid of the statute, and it is therefore interesting to examine the reasons advanced for refusing its protection to the defendant. First and foremost, it appears from the depositions that the defendant carriés liability insurance, and his counsel represents his insurance carrier. It is contended that the defendant has nothing to lose personally by the prosecution of the case in his absence. The Soldiers’ and Sailors’ Civil Relief Act of 1940 was not passed for the benefit of insurance companies; but there is nothing in this record to show what kind of a policy he has, or the extent of the coverage. It is the defendant who petitions for the protection of the act and not the insurance company. Next, it is stated * * * the defendant * * * pleaded guilty to operating an automobile while under the influence of intoxicating liquor. From this it is contended that the liability of the' defendant is certain. There is nothing in the record to support this statement of counsel * * Even if liability were established or admitted, there is the further question of damages, and the amount of d”

   1 later decision quote this exact passage · from the majority
   e.g. Semler v. Oertwig