50 N.C. App. 133 - Stephens v. Mann’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is well established that in order to submit the issue of last clear chance to the jury, the evidence must tend to show the following elements: (1) that plaintiff, by his own negligence, placed himself in a position of peril (or a position of peril to which he was inadvertent); (2) that defendant saw, or by the exercise of reasonable care should have seen, and understood the perilous position of plaintiff; (3) that he should have so seen or discovered plaintiffs perilous condition in time to have avoided injuring him; (4) that notwithstanding such notice defendant failed or refused to use every reasonable means at his command to avoid the impending injury; and (5) that as a result of such failure or refusal plaintiff was in fact injured.”

   1 later decision quote this exact passage
   e.g. 62 N.C. App. 116 - Hughes v. Gragg

2. “Although [the] plaintiff may have placed herself in a dangerous position, danger alone is not the equivalent of helpless peril. The evidence [in Stephens did] not support a conclusion that once [the] plaintiff entered the loaded truck and it began moving, she could do nothing to protect herself or was inadvertent to her precarious position.”

   1 later decision quote this exact passage
   e.g. Proffitt v. Gosnell