Jackson v. Hardy’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““That the judgment can rest solely upon the proof offered in support of the general allegation of negligence appears from the decision in Galeppi Bros. v. Bartlett, 9 Cir., 1941, 120 F.2d 208 . That was a case involving a collision between an automobile and a cow on a California highway. The cattle owners argued that since the accident occurred on an unfenced highway they were under no duty to keep their cattle off the highway because the common law made no such requirement, that such law had not been changed in California and until changed by the legislature no duty could be found. To that argument the court replied ( 120 F.2d at page 210 ); ‘The common-law rule was adopted when there was no elaborate system of highways and no motor vehicles. There was then no such reason for imposing on cattle owners a duty of using ordinary care in the care and control of cattle. Now, however, the changed conditions compel adoption of a different rule. There is no reason for exempting cattle owners from the same duty applicable to other peo- ' pie to use “ordinary care or skill in the management of (their) property.” Civil Code,'§ 1714. * * *’ It clearly appears from this decision that a cattle owner who negligently fails to keep his cattle from straying upon a highway may be held liable in a civil action for damages arising from a collision with his livestock, even at a point where the highway is unfenced, in open range country.””

   2 later decisions quote this exact passage
   e.g. Grubb v. Wolfe · Carrow Co. v. Lusby

2. ““Answering appellants’ contention that general negligence was charged in the complaint, we point out that under our system of pleading, it is unnecessary to plead or refer to a statute relied upon as creating a duty, where the action is one predicated upon the negligence of the defendant and not one to enforce a liability or penalty imposed by statute.””

   1 later decision quote this exact passage
   e.g. McNeill v. A. Teichert & Son, Inc.