Smith v. Blair’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are not impressed with * * * reasoning * * * based on pure speculation and failftng] to furnish a plausible explanation of the jury’s action. “The jury was not told that it had to be scientific or exact in awarding damages. In fact, the overall instructions left the impression that the jury was free to allow damages pretty much as it saw fit. It was instructed on the matter of general damages and how such damages, if allowed, should be arrived at. But the jury was not told that an award for medical and hospital expense without a general award of damages would be an improper award. “The sum of what we are saying is that, if the jury had awarded damages without it appearing how its result had been arrived at, we would not be in a position to question the award.””

   1 later decision quote this exact passage · from the majority
   e.g. Howell v. Garcia

2. ““ * * * and the jury was wrong in not making an award for general damages.” Smith v. Blair, 521 P.2d at 583 .”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Uhrich