Kasch v. Anton’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “However violent the presumption may be that every man knows the law, it nevertheless conclusively prevails.... [I]t would be a strange doctrine of negligence to hold that [a defendant] was negligent in failing to tell [an employee] something that he is in law conclusively presumed to know. No more duty rested upon [the employer] to inform [the employee of all of the provisions of the penal code]. The master is liable for the negligent acts of the servant done within the scope of his employment and in furtherance of the master’s business; but certainly negligence of the master cannot be predicated upon his failure to instruct his servant in the law of the land.”

   1 later decision quote this exact passage
   e.g. Gabaldon v. General Motors Corp.

2. ““Do you find from a preponderance of the evidence, that Herman Anton was guilty of contributory negligence, as that term is hereinbefore defined, in failing (if he did) to keep a proper lookout as he continued toward the intersection after seeing the Flores truck?””

   1 later decision quote this exact passage
   e.g. St. Louis Southwestern Ry. Co. v. Lowry

3. “However violent the presumption may be that every man knows the law, it nevertheless conclusively prevails.”

   1 later decision quote this exact passage
   e.g. Xog Operating, LLC and Geronimo Holding Corporation v. Chesapeake Exploration Limited Partnership and Chesapeake Exploration, L.L.C.