Ashley v. Baggett’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Where a plaintiff provokes a difficulty by insults, abuse, threats, or other conduct calculated to arouse resentment or fear on the part of the defendant, the plaintiff cannot recover for an assault and battery, although the defendant may not have been justified in law in his conduct. Finkelstein v. Nailhaus, La.App., 151 So. 686 ; Walsh v. Schriner, La.App., 168 So. 345 ; Massett v. Keff, 116 La. 1107 , 41 So. 330 ; Johns v. Brinker, 30 La.Ann. 241 ." Landry v. Himel, La. App., 176 So. 627, 629 . "The law lays a heavy hand upon him who would violate the rights of others by act or deed that in its ordinary and usual significance would be calculated to arouse the anger and resentment of a person ordinarily constituted; and so long as the offended one, at the time of the offense, employs only sufficient force to repel that which has been done to him, or to render further attack from his adversary impossible, the offender is without right to have the other party respond in damages that flow from the repulsive force thus employed. The general rule is that `one who is himself in fault cannot recover damages for a wrong resulting from such fault, although the party inflicting the injury was not justified under the law.' See Wade v. Gennaro, La.App., 8 So.2d 561, 562 , and cases therein cited. "This principle has been many times applied in appropriate cases. See McGee v. Collins, 156 La. 291 , 100 So. 430 , 34 A.L.R. 336 ." Ashley v. Baggett, La.App., 53 So.2d 678, 680 .”

   1 later decision quote this exact passage
   e.g. 71 So. 2d 410 - Brown v. Lambert