Shepherd v. Ball’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “concept, except as to the rule that liability cannot be predicated solely on skidding on a wet or slippery road, is of little value to the jury in making a determination of whether there was or was not negligence on the part of a party. Before a party can be found guilty of negligence which was a proximate cause of injuries, it must be demonstrated that a defendant was guilty of negligence either before (precedent) or after (antecedent) the occurrence of the event which gave rise to the plaintiff's injuries. The”

   2 later decisions quote this exact passage
   e.g. Whitaker v. Harmon · Shivers v. Ramsey

2. “It is shown that the highway was wet but there is no proof from which an inference might be drawn that defendant knew or should have known that, in coming around the curve, he would encounter a slick spot which would require more care and a reduction in speed. The basis of liability is thus reduced to the mere fact that the car skidded.”

   1 later decision quote this exact passage
   e.g. Whitaker v. Harmon