Glenn v. Conner’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the defendant, a corporation — and I’ll allude to that a little bit later — which acts through its agents, servants and employees, a legal entity, if the defendant was guilty of an act or omission and if the defendant, by the exercise of ordinary care, under the premises liability theory, could have anticipated or foreseen that an accident or injury of such a nature as that which happened, if any, and that it would result — and it would happen as a result of negligence on the part of the defendant by acts or omission, if you so find, then of course the defendant would be guilty of negligence, and if such negligence, if any, on the part of the defendant who acts through its agents, servants and employees, if it was the proximate cause of the injuries and damages complained of, then of course, the defendant would be liable. Now, let’s talk about negligence a little bit more in detail. Negligence is the doing of some act which a reasonably prudent person would not do, or the failure to do something which a reasonable person would do when actuated by those considerations which ordinarily regulate the conduct of human affairs. In other words, it is the failure to use ordinary care under the circumstances in the management of one’s property or person. Ordinary care is that care which persons of ordinary prudence exercise in the management of their own affairs in order to avoid injury to themselves or others. Now, ordinary care is not an absolute but a relative term. That is to s”

   1 later decision quote this exact passage · from the majority
   e.g. Inman v. Aluminum Co. of America