Bigler v. . Hall’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. ““The points litigated seem to have been whether the defendants were absolutely liable for all of the logs that had not been delivered, on the construction of the 'agreement that he had bound himself, without any qualification of his obligation, to make a delivery oj all, or whether they were only liable for such as had been lost or not delivered through their fault or negligence. I have consequently not considered it.' It seems to me, however, immaterial. If it can be so construed, and if the logs mentioned in the contract became the property of the plaintiff as soon as they were measured and paid for by him, as the defendants claim on this appeal, it does not follow, as they say, that ‘from that time they were at his risk.’ The absolute and unqualified obligation of the defendants to deliver them at the place designated for that purpose still existed, and their failure to fulfill and discharge it, and their duty growing out of it, made them liable for the damages growing out of its breach. “In any aspect of the case the plaintiff was entitled to recover.” (p. 171.)”

   1 later decision quote this exact passage
   e.g. Wheeler v. Barr