Oliver v. Hutson’s Empirical Analysis

Citation profile

4 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 control requirement is not a rigid rule that the instrumentality must have always been in the defendant’s possession or even that it must have been in defendant’s control at the time of injury. . . . It is sufficient if the defendant was in control at the time that the negligence inferable from the first factor probably occurred, so that the reasonable probabilities point to the defendant and support a reasonable inference that he was the negligent party. Mobil, at 251.”

   1 later decision quote this exact passage
   e.g. Smith v. Little

2. “control of the residence is not probative evidence of control of the offending instrumentality.”

   1 later decision quote this exact passage
   e.g. 108 Md. App. 408 - Vito v. Sargis & Jones, Ltd.