Hendrick v. Walton’s Empirical Analysis

Citation profile

5 federal appellate · 18 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Art. 3017. An action for actual damages on account of injuries causing the death of any person may be brought in the following cases: (1) When the death of any person is caused by the negligence'or carelessness of the proprietor, owner, charterer, hirer of any railroad, steamboat, stagecoach, or other vehicle for the conveyance of goods or passengers, or by the unfitness, negligence or carelessness of their servants or agents. * * * (2) When the death of any person is caused by the wrongful act,- negligence, unskillfulness or default of another.””

   2 later decisions quote this exact passage
   e.g. Pulom v. Jacob Dold Packing Co. · Aguinaga v. Medina Valley Irr. Co.

2. “‘•In the first place, it is to be observed that this is not the regulation or extension of a right previously existing at common law. The right of action-for injuries resulting in death is wholly the creature of the statute; and the authority of the suit here brought, if found at all, must be found in the written law itself. If the second subdivision of the article quoted stood alone, it would be a grave question whether wo should not apply to it the maxim that what one does for another he does himself, and to hold that it not only gives a rigid of action against ono whose own immediate act or negligence is the cause of the death of another, but also against a principal, when the death has been caused wrongfully or negligently by the act of his agent, neither principal nor agents are named in the subdivision in question, but in subdivision 1, immediately preceding this, an action is given against the carriers, to whom it applies, for fatal injuries, not only caused by their own personal negligence, but aiso where accruing from the gross negligence of their servants or agents. This provision has been considered by this court in the case of Railway Co. v. Scott, (decided at the Tyler term, 1886,) and is held to afford no remedy against a railroad company when the death is caused by the mere ordinary neglect of the servants or agents of the corporation. This law was amended by the omission of the word ‘gross’ by the act of March 25, 1887, (Laws 20th Leg. p. 44,) but the amendmen”

   1 later decision quote this exact passage
   e.g. Asher v. Cabell

3. ““Since, therefore, the language of our statute indicates that the legislature of our state did not mean to make persons responsible for the acts of their agents in these cases, except such as are specified in the first subdivison of the article cited, it is but reasonable to conclude that they intended to render other persons liable only for their own immediate acts.””

   1 later decision quote this exact passage
   e.g. Asher v. Cabell