Weinand v. Johnson’s Empirical Analysis

Citation profile

2 federal appellate · 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “accident ... the real cause of which cannot be traced or which is not apparent,”

   2 later decisions quote this exact passage
   e.g. Indianapolis Athletic Club, Inc. v. Alco Standard Corp. · Kostidis v. GENERAL CINEMA CORP., OF INDIANA

2. “The expression “unavoidable accident” 'or “pure accident” is not an affirmative defense and has no particular connotation in modern pleading of negligence cases. Such terminology adds nothing to the issues before the court or jury and as ■ the expressions are ambiguous and particularly confusing to lay jurors, their use in instructions is undesirable and unwise and any statements in prior decisions of this state construed as authorizing instructions on “pure accident” or “unavoidable accident” are hereby disapproved.”

   1 later decision quote this exact passage
   e.g. Anderson v. Griffin

3. “It is thus readily apparent that the word “accident” does not necessarily preclude fault or negligence. The term is susceptible of different meanings and constructions and to tell a jury there is no liability in case of “unavoidable accident” or “pure accident” i.e., an unintentional, careless, or unknown occurrence, is misleading and confusing to say the least, and is not compatible with the principles of tort law imposing liability on persons who fail to exercise ordinary or reasonable care.”

   1 later decision quote this exact passage
   e.g. Indianapolis Athletic Club, Inc. v. Alco Standard Corp.