Chivers v. Roger’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 44 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true that our predecessors held in Vincent v. Sharp, 9 La. Ann. 463 , that a personal action for damages resulting from an assault and battery does not expire with the person who instituted it. But that case was tried and decided in the district court and a verdict of the jury rendered in favor of the plaintiffs, and from that judgment an appeal has been prosecuted. The plaintiff and appellee having died during the pendency of the appeal, counsel for the defendant and appellant insisted that the heirs of the deceased had no standing in court to prosecute the appeal, because the right of action lapsed at the death of the plaintiff and appellee. [Italics ours.] “On casual inspection that decision would seem to favor the plaintiff’s theory, but bn reflection it does not. “That case was circumstanced differently from the instant one, in that it had ceased to be an action and had become merged into a judgment, and this court has decided that an appeal was not an action. [Italics ours.] “In Beard v. Russ [ 34 La. Ann. 315 ] supra, our predecessors said that: ‘It is clear that an appeal is a mere incident to an action, and not at all the same thing. The judgment is the result or the consequence of the action, and the appeal is the mode of seeking to have the judgment of the inferior court corrected by the appellate tribunal.’ “A judgment is the property of him in whose favor it is rendered, therefore it may well be that a judgment would pass, at the death of one in whose favo”

   1 later decision quote this exact passage · from the majority
   e.g. Castelluccio v. Cloverland Dairy Products Co.

2. “* * * The Code provides that the right of this action for personal injuries survives the death of the person injured in favor of certain designated individuals, as beneficiaries in the order named; and, in default of one or more of them, by death or otherwise, the next one in order acquires that right of action in his or her favor. If, then, one of the beneficiaries first enumerated should institute a suit, and cause it to be put at issue, and thereafter die, and his beneficiary heirs should, on that account, inherit the pending action, the result would necessarily be to confer the benefit of the statute on persons not contemplated therein, and defeat the claim of the one who would otherwise have succeeded the deceased thereto. * * *”

   1 later decision quote this exact passage · from the majority
   e.g. 248 So. 2d 878 - Wilton Jones Company v. Liberty Mutual Insurance Company

3. ““In Beaird vs. Russ, 34 La. Ann. 315 , our predecessors said that ‘It is clear that an appeal is a mere incident to an action and not at all the same thing. The judgment is the result or the consequence of the action and the appeal is the mode of seeking to have the judgment of the inferior court corrected.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Castelluccio v. Cloverland Dairy Products Co.