Martin v. Stone’s Empirical Analysis

Citation profile

1 federal appellate · 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * `It is error to grant a new trial when the verdict set aside is supported by the testimony appearing in the record and nothing can be accomplished except to have another jury review the cause. See Seaver v. Stratton, 133 Fla. 183 , 183 So. 335 .' Martin v. Stone, Fla. 1951, 51 So.2d 33, 35 ."”

   4 later decisions quote this exact passage
   e.g. Martin v. Sussman · Redwing Carriers, Inc. v. Helwig

2. ““4. The rights of operators of automobiles on the public highway at railroad crossings are mutual with those of the railroad, and both must use reasonable care towards each other, but from necessity the railroad train has the right-of-way over the crossing, and preference is accorded to it over travelers on the highway.” “6. It is the duty of a railroad in operating its train to use ordinary care to warn people on the highways of the approach of its trains. There is no law in Florida that prescribes the number of signals which a railroad must give at a public crossing. Its duty is to give reasonably adequate warning in the circumstances. This warning ordinarily consists of the blowing of a whistle, the ringing of a bell.” “7. The Court charges you that the law does not attempt to limit or prescribe the speed at which trains may run in crossing a public highway, and no rate of speed will of itself be construed as negligence on the part of a railroad. The only duty in this respect is to operate its trains with ordinary and reasonable care and diligence.” “11. You are instructed that the engineer on a locomotive is not under a duty to stop or slow down until he realizes or, in the exercise of reasonable care, should realize that the driver of an approaching motor vehicle cannot or will not keep off the tracks.””

   1 later decision quote this exact passage
   e.g. Martin v. Makris

3. “A stronger showing is required to reverse an order granting a new trial than one denying it.”

   1 later decision quote this exact passage
   e.g. 81 So. 2d 493 - Ward v. Hopkins