Forrest v. Gilley’s Empirical Analysis

Citation profile

11 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “had prescience that the particular accident and injury which in fact occurred was going to occur.”

   3 later decisions quote this exact passage
   e.g. Thornhill v. Deka-Di Riding Stables · Clark v. Wiegand

2. “[t]he owner of a domestic animal is not liable for injuries caused by the animal unless the animal had dangerous propensities known, or which should have been known, to the owner. Burgin v. Tolle (1986), --- Ind. App. ----, 500 N.E.2d 763 ; Doe v. Barnett (1969), 145 Ind. App. 542 , 251 N.E.2d 688 . A dangerous propensity is "a propensity or tendency of an animal to do any act which might endanger the safety of person or property in a given situation." Weaver v. Tucker (1984), --- Ind. App. ----, 461 N.E.2d 1159 , 1161 (citation omitted). If an individual animal lacks dangerous propensities, "the rule is simply that the owner of a domestic animal is bound to know the natural propensities of the particular class of animals to which it belongs." Burgin, supra , 500 N.E.2d at 766 . In either event, the owner must exercise reasonable care to guard against the propensities and to prevent injuries reasonably anticipated from them. Borton v. Lavenduskey (1985), --- Ind. App. ----, 486 N.E.2d 639 , reh'g. denied , 488 N.E.2d 1129 [ (1986) ], trans. denied .”

   2 later decisions quote this exact passage
   e.g. Darlene Perkins v. Kathy Fillio · John Einhorn and Roxanne Einhorn v. Scott Johnson, Gretchen Johnson, Purdue University Board of Trustees

3. “Intoxication of a passenger is no excuse for failure to exercise that degree of care for his own safety that a reasonable, prudent man would have exercised under the same or like circumstances. He is held to use the same degree of care as a sober person.”

   1 later decision quote this exact passage
   e.g. Stephenson v. Ledbetter