Briggs v. Cohen’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he function of any amendment to a petition is to cure a lapse in the pleading but without changing the original cause of action; and when the amendment is for this purpose it relates back, according to Rule 55.33(e), to the date on which the first petition was filed. If the amended pleading, however, requires proof of ultimate facts different from those necessary to sustain the original claim and thus adds a new cause of action, the amendment does not relate back so as to save the action from the bar of limitations.”

   1 later decision quote this exact passage
   e.g. Rusk Farms, Inc. v. Ralston Purina Co.

2. “The doctrine of relation back saves an original action from the bar of limitations only where the original plaintiff at the time had a legal right to sue, stated a cause of action and had status as a party to sue.”

   1 later decision quote this exact passage
   e.g. Wells v. Nulton