Phoenix Baking Co. v. Vaught’s Empirical Analysis

Citation profile

2 federal appellate · 15 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * The dictates of common prudence, it occurs to us, should have suggested to him [the turning driver] that the [following] car might be along before he could cross. It is true he ciaims that he had given the proper signal and thought that the drivers of the cars would reduce their speed to such an extent that it would not be dangerous to cross, but it must be remembered that it was between intersections where such a turn was not anticipated to the same extent it would have been at a crossing * * *. “The danger of left-hand turns on much-traveled highways between intersections is so great that they should not be attempted without the exercise of extra precaution. The peril of such turns is so well recognized that they are not permitted at all at certain street intersections even upon the exercise of the greatest care. * * * ””

   4 later decisions quote this exact passage
   e.g. 7 Ariz. App. 102 - Doubek v. Greco · Brooker v. Canny

2. ““ * * * We think the ‘extra precaution’ rule is a moderate construction of the law. It infers a duty on the driver of a care less than absolute, perhaps even less than ‘extraordinary care’, adopted as the rule in Washington. It seems to us that the term would be understood to mean something more than ordinary but less than extraordinary care. We do not believe that the extra precaution instruction was or could be misleading to the jury. “When a driver on a road where traffic is heavy makes a left-hand turn between intersections common sense requires that he should exercise more than ordinary care. This has been the law of Arizona since the Mclver decision. The trial court, therefore, properly modified defendants’ instruction three by eliminating the latter portion thereof. It is true that the driver was only required to use such care in the circumstances as an ordinarily prudent person would exercise in the same situation in making such turn. But it must be -borne in mind that such an ordinarily prudent person would exercise a higher degree of care than ordinary care.””

   1 later decision quote this exact passage
   e.g. Tyler v. Drennen

3. ““The driver of any vehicle upon a highway before starting, stopping or turning from a direct lino shall first see that such movement can be made in safety * * (Emphasis supplied)”

   1 later decision quote this exact passage
   e.g. 7 Ariz. App. 102 - Doubek v. Greco