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← 58 TENNAPP 133 - Duncan v. Ferrell

Duncan v. Ferrell’s Empirical Analysis

1967

Citation profile

6
cited by 6 later decisions
1
states following
October 1976
most recently cited

6 state decisions

Relationships

Relies on 37 Tenn. App. 40 - Shew v. Bailey · Vaughn v. Dotson

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

  1. ““So we ask ourselves the question, what had the plaintiff done outside of taking his seat on a motorcycle designed to carry two people, as provided by T.C. A. Section 59-865 and Municipal Ordinance Section 1708, or what had he failed to do which would justify the defense of remote contributory negligence, contributory negligence or assumption of risk?””
    1 later decision quote this exact passage
  2. ““The Court charges you that a motorcycle in and of itself, absent of other factors is not a dangerous instrumentality, and negligence is not to be inferred from the mere use of a motorcycle as a means of transportation.””
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.