Morrow v. Asher’s Empirical Analysis

Citation profile

5 federal appellate · 1 district · 7 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It will be noted that the Texas statute predicates the appointment by the nonresident of the chairman of the state highway commission, as his attorney, upon whom service may be had, upon ‘his operating a motor vehicle on the highway.’ The word ‘operate’ means to ‘work or use a machine; to perform some manual act, or series of acts; to keep a machine working or in operation.’ * * * * * * “One who steps on starter is operating automobile. State v. Webb, 202 Iowa, 633 , 210 N.W. 751 , 49 A.L.R. 1389 . ‘Operate’ signifies personal act in working the mechanism of car. Feitelberg v. Matuson, 124 Misc.Rep. 595, 208 N.Y.S. 786 . “When the driver at time of accident was being directed by owner when and. where and how often to drive, it was held that the automobile was not being ‘operated’ by the owner within a policy covering liability incurred only while automobile was being operated by owner, since ‘operate’ is used to signify the personal act of working the mechanism of the car. Witherstine v. Employers Liability, 235 N.Y. 168 , 139 N.E. 229 , 28 A.L.R. 1298 . “A truck which had temporarily stopped on the highway with intention to continue in a few seconds was being ‘operated’ within a law requiring automobiles to carry lights when in operation during certain times of the day. Horton v. Benson (Tex.Civ.App.) 266 S.W. 213 . “A car which was being towed was not being ‘operated’ at the time of a collision therewith. Dewhirst v. Connecticut Co., 96 Conn. 389 , 114 A. 100 . “Of course,”

   1 later decision quote this exact passage · from the majority
   e.g. Commercial Insurance Co. of Newark, New Jersey v. Rogers

2. ““ACTIONS AGAINST NONRESIDENTS “321.498 Legal effect of use and operation. The acceptance by any nonresident of this state of the privileges extended by the laws of this state to nonresident operators or owners of operating a motor vehicle, or having the same operated, within this state shall be deemed: “1. An agreement by him that he shall be subject' to the jurisdiction of the district court of this state over all civil actions and proceedings against him for damages to person or property growing or arising out of such use and operation, and “2. An appointment by such nonresident of the commissioner of the public safety department of this state as his lawful attorney upon whom may be served all original notices of suit pertaining to such actions and proceedings, and “3. An agreement by such nonresident that any original notice of suit so served shall be of the same legal force and validity as if personally served on him in this state. “4. The term ‘nonresident’ shall include any person who was, at tbe time of tbe accident or event, a resident of the state of Iowa but who removed from the state before tbe commencement of such action or proceedings.””

   1 later decision quote this exact passage · from the majority
   e.g. Fagan v. Fletcher

3. ““We are asked by construction to read into the words ‘while operating a motor vehicle’ (the precise words of the Colorado statute) an additional clause ‘or while the car is being operated with his permission, express or implied.’ That we may not do.””

   1 later decision quote this exact passage · from the majority
   e.g. Larsen v. Powell