Lang v. Barry’s Empirical Analysis

Citation profile

34 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Defendant . . . urges that the minor plaintiff was contributively negligent as a matter of law in crossing the center line of the highway into the path of the car he had seen approaching, and in failing to yield the right of way as required by section 562 of the Vehicle Code. The contentions are without merit. Section 562 does not prohibit a pedestrian’s crossing outside of a crosswalk at any time when a motor vehicle is on the highway. ‘While the duty to yield the right of way, imposed on the pedestrian by section 562, may call for a higher degree of care while crossing between intersections, the real question of fact in such a case is whether the required care has been exercised, and not merely whether or not the right of way has been actually yielded. ’ (Shipway v. Monise, 59 Cal.App.2d 565, 571 [ 139 P.2d 60 ].) ‘It cannot be said that as a matter of law a pedestrian who crosses a well lighted business street in the middle of a block is guilty of violating the statute or of negligence proximately contributing to his injury when he proceeds on his way after having observed an automobile approaching from a distance of 200 feet, with nothing to obstruct his view or that of the driver.’ (Fuentes v. Ling, 21 Cal.2d 59, 62 [ 130 P.2d 121 ].) ””

   1 later decision quote this exact passage
   e.g. Jones v. Wray