Mitchell v. Ridgway’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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We are aware of the division of opinion that exists in other jurisdictions on the question of the applicability of res ipsa loquitur. The two views are well expressed in Wilson v. Rule, 169 Kan. 296 , 219 P.2d 690 and Rice v. Turner, 191 Va. 601 , 62 S.E.2d 24 , where there was a refusal to apply the rule and in Scanlan v. Smith, 66 Wash.2d 601 , 404 P.2d 776 the opposite result was reached. Although Scanlan v. Smith, supra, claims to represent the majority view the numerical difference is very close and the presence of statutes in some states weakens the claim. [77 N.M. at 252, 421 P. 2d at 781 .]”

   1 later decision quote this exact passage
   e.g. Tapia v. McKenzie

2. ““ . . . The plaintiff must still fulfill the burden of satisfying the court, or the jury, that the accident was of a kind which ordinarily does not occur in the absence of someone’s negligence, and that the agency or instrumentality, in this case a domestic animal, was within the exclusive control of the defendant.”

   1 later decision quote this exact passage
   e.g. Carrillo v. Hoyl

3. “Modern highways and vehicular traffic in New Mexico with livestock permitted to roam at large presents an intolerable situation... . We hold that it is for the trier of facts to determine whether the owner of the animal has used reasonable care to restrain his livestock.”

   1 later decision quote this exact passage
   e.g. Martinez v. Teague