Nelson v. Hall’s Empirical Analysis

Citation profile

4 federal appellate · 1 district · 11 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The plaintiffs plead that the child was killed as the result of negligent operation by the defendant of his motor vehicle on the Colorado highway. Whether that conduct was tortious — in the absence of an exceptional circumstance — depends upon whether the defendant failed to meet the standard of care imposed by Colorado. Kennedy v. Dixon, supra [ 439 S.W.2d 173 (Mo. banc 1969)], l.c. 182; Griggs v. Riley, supra [ 489 S.W.2d 469 (Mo.App.1972) ], l.c. 471[1]; Restatement (Second) § 145 comment d; § 146, Reporter’s Note, comment d; § 175, Reporter’s Note (1971). The plaintiffs neither plead, nor argue, nor assert, nor even intimate any circumstance which invokes a governmental interest of Missouri so cogent as to entitle its law to supervene that of Colorado to determine whether a cause of action for wrongful death occurred on account of the highway conduct.””

   1 later decision quote this exact passage · from the majority
   e.g. Glasscock v. Miller

2. ““The text, comments and notes in the Restatement (Second) §§ 145, 146 and 175 and several others — as our discussion shows — impress the general rule, subject only to rare exceptions, the local law of the state where conduct and injury occur will apply to determine ‘whether the actor satisfied minimum standards of acceptable conduct and whether the interest affected by the actor’s conduct was entitled to legal protection.’ Comment d to § 145. The Restatement (Second) does allow for exception — as it must, if the accommodation of multi-state interests in conflict is to be principled. (Citation omitted)_””

   1 later decision quote this exact passage · from the majority
   e.g. Glasscock v. Miller

3. ““The petition, therefore, states a cause of action for wrongful death under the Colorado statute, and the dismissal was erroneous. That dismissal without prejudice is set aside, and the petition is reinstated. On remand, the plaintiffs may amend the pleading to assert that as to any particular issue — such as damages, or other — the state of Missouri enjoys the most significant contacts and relationship with the occurrence and the parties and therefore should determine that issue_” (Our emphasis.)”

   1 later decision quote this exact passage · from the majority
   e.g. Glasscock v. Miller