84 So. 2d 276 - Ramsey v. McDaniel’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The exception of no cause or right of action has for its basis the contention that a personal, nonheritable action for damages in tort abates with the death of the party who instituted it. Since this is a peremptory exception we ascertain no doubt as to plaintiff's right to present it to and have it passed upon at this stage of the proceeding. We have concluded, however, that the exception is without merit. LSA-C.C. Art. 2315, Code Practice Art. 21 as amended by Acts of 1954, No. 57. The latter act declares: "`An action does not abate on death of one of the parties after suit has been filed, and the heirs, legatees, administrator, or executor of the deceased party may be substituted as parties in any case wherein they succeed, by operation of law, to the rights of the deceased party.' "LSA-R.S. 13:3349, as amended by Acts of 1954, No. 59, has a similar provision, reading: "`There are no exceptions to the rule that an action does not abate by the death of one of the parties thereto after suit has been filed. This action shall apply to all actions now pending as well as those which may be hereafter instituted. No act of the legislature heretofore passed, nor any acts hereafter passed shall be construed as making an exception to this rule, unless such act specifically and specially makes an exception thereto.'"”

   2 later decisions quote this exact passage
   e.g. Maher v. Schlosser · 125 So. 2d 12 - Dumas v. United States Fidelity and Guaranty Co.

2. “"Prior to the 1954 amendment, LSA-R.S. 13:3349 and Code of Practice art. 21 included language that `There are no exceptions to the rule that an action does not abate by the death of one of the parties thereto after issue joined * * *.' (Emphasis supplied.) We think it was not the intention of the Supreme Court in McConnell v. Webb to annul the plain provisions of LSA-C.C. art. 2315 which expressly provide for survival of a tort action in favor of a widow and children and others therein expressly named. The cited case merely holds that a tort action does not survive in favor of the administratrix of the succession. Accordingly, the motion to dismiss the appeal is denied."”

   1 later decision quote this exact passage
   e.g. 125 So. 2d 12 - Dumas v. United States Fidelity and Guaranty Co.