78 So. 2d 44 - Callia v. Rambin’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * unquestionably Mrs. Callia was guilty of negligence in attempting to make the turn without being assured that the same could be completed in safety. Under LSA-R.S. 32:235, the law governing operation of vehicles upon the highways specifically provides: "`A. The driver of any vehicle on the highways of this state shall ascertain, before turning around upon any highway, that there is no traffic, vehicular or pedestrian, approaching from either direction which will be unduly delayed and shall yield right-of-way to such approaching traffic and shall not attempt to make a turn unless the way is clear.' "The above provision is reinforced by Section 236 which reads, in part, as follows: "`The driver of any vehicle upon a highway of this state, before starting, stopping or turning from a direct line shall first see that such movement can be made in safety * * *.' "The making of a left turn upon a highway has frequently been denominated by the courts of this State as a dangerous operation requiring the exercise of the greatest care and caution in the performance thereof. "The giving of a signal, which fact is disputed in the instant case, is immaterial, if at the time the driver of the turning vehicle did not have the opportunity to make the turn in safety. McDonald v. Zurich General Accident & Liability Ins. Co., Ltd., La. App. 25 So.2d 923 ; Michelli v. Rheem Mfg. Co., La.App., 34 So.2d 264 . "Even conceding that Mrs. Callia signaled her intention of making a left turn from t”

   3 later decisions quote this exact passage
   e.g. Nichols v. Everist · Wesley v. Home Indemnity Co.

2. “"While it is true that defendant had no reason to expect a sudden left turn by the school bus which was preceding him along the highway, it is nonetheless true that he failed to take reasonable precautions before attempting to effect passage of the preceding vehicle. Defendant did not sound his horn to give warning of his anticipated passing. Further, while it is true, in our opinion, that plaintiffs have failed to establish the turning on of directional signal lights, we think it has been established that there was appreciable evidence of the intention of the driver of the school but to take some action either by stopping or turning which should have put defendant on guard. His failure to observe this action, coupled with his failure to give any notice of his attempted passing, must be considered to be negligence of a character and degree which contributed to the accident and which therefore bars his recovery." Id., at page 46.”

   1 later decision quote this exact passage
   e.g. McCallum v. Adkerson

3. “"For this purpose the (plaintiff, Mrs. Callia) proposed to turn to her left, that is, in an easterly direction across the highway into a pasture roadway * * *. According to * * * Mrs. Callia's testimony * * *, as she approached the point at which the turn was to be effected she observed defendant's truck approaching from the rear, some several hundred feet away, caused a red signal flag to be extended from one of the left front windows of the bus * * *; fixed her directional signal lights signifying a left turn, and proceeded to undertake this maneuver. Defendant's truck approaching from the rear of plaintiff's school bus was engaged in passing the latter vehicle at the time Mrs. Callia began her turning movement. Defendant pulled to the left of the highway but was unable to escape contact with the bus which he struck near the left front portion thereof * * *.”

   1 later decision quote this exact passage
   e.g. Nichols v. Everist