Whittey v. Locascio’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The doctrine of discovered peril first makes its appearance in Louisiana in Rottman v. Beverly, 183 La. 947 , 165 So. 153, 156 , in which the Supreme Court held that, although a plaintiff may have negligently gotten himself into a position of danger, still the defendant may be liable if he actually discovered the danger of the plaintiff and had an opportunity to avoid striking him. In that case the Supreme Court said: “ * * if a plaintiff negligently puts himself in a place of danger and his negligence and danger are actually discovered by the defendant, then there devolves upon the defendant a duty' which intervenes or arises subsequent to the negligent acts of the plaintiff, and that duty is to save the plaintiff from the consequences of his negligent acts if he can. * * * ’ ” Whittey v. Locascio, La.App., 76 So.2d 455, 453 .”

   1 later decision quote this exact passage
   e.g. Kennix v. Burt