Floeck v. Hoover’s Empirical Analysis

Citation profile

42 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) That the plaintiff has been negligent; (b) That as a result of his negligence, he is in a position of peril, from which he cannot escape by the exercise of ordinary care; (c) That the defendant knows, or should have known, of plaintiff’s peril; and (d) That defendant then had a clear chance, by the exercise of ordinary care, to avoid the injury, and that he failed to do so.”

   5 later decisions quote this exact passage
   e.g. Lucero Ex Rel. Lucero v. Torres · Burnham v. Yellow Checker Cab, Inc.

2. ““ * * * (1) it must be such as will probably change the result if a new trial is granted; (2) it must have been discovered since the trial; (3) it must be such as could not have been discovered before the trial by the exercise of due diligence; (4) it must be material to the issue; (5) it must not be merely cumulative to the former evidence ; (6) it must not be merely impeaching or contradictory to the former evidence.””

   1 later decision quote this exact passage
   e.g. State v. Garcia

3. ““ * * * The burden of proof was upon the plaintiff to show by actual measurements that the area occupied by the buildings, to the exclusion of the vacant yard space, was more than 50 per cent of the 300 feet area.” 195 P.2d at 89 .”

   1 later decision quote this exact passage
   e.g. Curlee v. Steward