Kain v. . Smith’s Empirical Analysis

Citation profile

2 district · 21 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If the defendant had confined his action-to the road over which he was appointed receiver, it may be conceded that the rule applied in Cardot v. Barney (supra), would' serve as a defense. Outside of that State he stands as an individual liable for his.own-negligence, whether he acts personally, or through agents, alone, or in company with-others. He cannot be shielded by a description of his office, or a declaration that he is acting in an official character. The court from which he derived it had no jurisdiction over the subject of the contract, or power to-enter a decree to be enforced outside of the-State by whose laws it was created, and-whose laws alone could make these decrees effective. The defendant could do no act virtute officii in this State, and although called manager or receiver he was as to this-plaintiff merely an operator of the railroad.”'”

   1 later decision quote this exact passage
   e.g. Rosso v. Freeman