Gray v. Esslinger’s Empirical Analysis

Citation profile

8 federal appellate · 43 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are not unmindful of the prevailing rule that plaintiff’s contributory negligence, if any, ordinarily is a question for the jury. Notwithstanding this general rule, however, where reasonable minds cannot differ upon the question and they come readily to the conclusion that the plaintiff was negligent and that his negligence contributed proximately with that of defendant to cause the injury complained of, it should be so declared as a matter of law. (Citing cases.)””

   2 later decisions quote this exact passage
   e.g. Garcia v. Sanchez · Jackson v. Southwestern Public Service Company

2. ““6. You are instructed that the defendants have interposed the defense of contributory negligence and that the contributory negligence of the plaintiff’s decedent was the proximate cause of his alleged death. In this connection you are charged that if you should find from a preponderance of the evidence in this case that the defendants, through their agent and servant, were negligent and that such negligence was a reckless, willful and wanton disregard of human life and of the consequences of his or their acts, then you are instructed that you may and it is your duty to disregard the defense of contributory negligence, and it will be your duty to find for the plaintiff and assess his recovery at such amount as you find he is entitled not to exceed the sum of $75,-000.00. In this connection you are instructed that the negligence on the part of the defendants in the parking of their truck on said highway without flares and unattended is a circumstance to be considered along with all of the evidence in determining whether or not the defendants have waived their right to interpose the defense of contributory negligence. “10a. You are further instructed that in the event you do not find- from a preponderance of the evidence that the negligence of the defendants was a reckless, wilful and wanton disregard of human life and of the consequences of his or their acts as set forth in Instruction No. 6 herein, and you thereafter find from a preponderance of the evidence that the decedent”

   1 later decision quote this exact passage
   e.g. Hall v. Stiles

3. ““Judge Mechem: Comes now the defendant, plaintiff announcing that he rests, and moves the Court to instruct the Jury to return a verdict for the defendant, for the reason that the evidence of the plaintiff shows that he was guilty of contributory negligence, in that he did not yield the right-of-way to the defendant, who was approaching the same intersection to his right, and did not keep a proper look out for any car approaching from his right; and also, that he gave no indication or signal that he intended to turn in any direction .when he approached the intersection. “Argument. “Judge Mechem: I want to add one ground to my motion, that there is no evidence to show that the defendant was guilty of negligence.””

   1 later decision quote this exact passage
   e.g. Williams v. Haas