Burke v. Favrot’s Empirical Analysis

Citation profile

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

1. ““The trial judge concluded that the burden of proof was on plaintiff to establish this fact and that he was therefore compelled to rule that there was no loose gravel or rock on the sidewalk in the passageway at the time of the accident. However, he wisely pretermitted this question and assumed arguendo that ‘there was loose gravel or rock strewn in the passageway’, a view most favorable to the plaintiff, in order to logically arrive at his decision, and we find written reasons therefor contained in the record, of which we approve a.id quote therefrom as follows: “ ‘There is no charge that the passageway was not sufficiently lighted, nor that it constituted a trap. To the contrary, plaintiff admits she was fully aware of the presence of loose gravel or rock. In fact, she was conscious of the danger of tripping or falling from loose material on the sidewalk, because she avoided the opposite side of the street when loose ice was on the sidewalk, and deliberately sidestepped the loose gravel or rock in the passageway to avoid stepping and tripping on it. “ ‘Under these circumstances, even if the defendant were guilty of primary negligence in permitting the gravel or rock to collect in the passageway on the sidewalk, plaintiff would be guilty of contributory negligence.’ ””

   2 later decisions quote this exact passage
   e.g. KIDER v. City of Opelousas · Robertson v. Coal Operators Cas. Co.

2. “must see those defects which are obvious and apparent and which would be noticed by the reasonably and ordinarily prudent person,”

   1 later decision quote this exact passage
   e.g. KIDER v. City of Opelousas