Moss v. Acuff’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * The fact that the plaintiff violated a traffic regulation at the time of the accident, while not conclusive or necessarily determinative of his own contributory negligence, is a circumstance to be considered in determining whether, at the time of the accident complained of, he acted with reasonable care, so as to free himself from negligence contributing directly to the injury. The mere concurrence of the violation of a traffic regulation with an accident in point of time does not, of itself, render the violation a concurring cause of the injury.” 5 Am.Jur. 741, § 409.”

   1 later decision quote this exact passage
   e.g. Williams v. Neff

2. ““No rule of law has been more gen- ’ erally accepted than the rule that the contributory negligence of a plaintiff is a defense for a defendant charged with negligence. Equally accepted is the rule that the right of a plaintiff to recover for his own injury is not affected by having contributed to the injury, unless proximately contributing. Williams v. Haas, 52 N.M. 9 , 189 P.2d 632 ; Haire v. Brooks, 42 N.M. 634 , 83 P.2d 980 . Also see Miller v. Marsh, 53 N.M. 5 , 201 P.2d 341 ; 60 C.J.S., Motor Vehicles, § 299.””

   1 later decision quote this exact passage
   e.g. Clark v. Cassetty