Chadbourne v. Kappaz’s Empirical Analysis

Citation profile

3 federal appellate · 7 district · 5 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[w]here a party violates a statute, and the violation is a proximate cause of an injury which the statute was designed to prevent, there is a rebuttable presumption of negligence on the part of the violator.... If, however, the defendant produces evidence tending to excuse or explain the violation, the violation may be considered evidence of negligence rather than negligence per se .... [I]f the violator demonstrates that she did everything a reasonably prudent person would have done to comply with the law, then her violation merely constitutes evidence of negligence rather than negligence per se.”

   1 later decision quote this exact passage
   e.g. Childs v. Purll

2. “too general a statute to be the subject of a negligence per se [jury] instruction”

   1 later decision quote this exact passage
   e.g. Ellis v. C.R. Bard, Inc.