Akin v. Berkshire’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ . . . The plaintiff must still fulfill the burden of satisfying the court, or the jury, that the accident was of a kind which ordinarily does not occur in the absence of someone’s negligence, and that the agency or instrumentality, in this case a domestic animal, was within the exclusive control of the defendant.”

   2 later decisions quote this exact passage
   e.g. Carrillo v. Hoyl · Martinez v. Teague

2. “(1) [T]he accident [must] be of the kind which ordinarily does not occur in the absence of someone's negligence. (2) [The accident] must be caused by an agency or instrumentality within the exclusive control and management of the defendant.”

   2 later decisions quote this exact passage
   e.g. Martinez v. Teague · Martinez v. Teague

3. “The evidence submitted on this point can be summarized in one sentence: Defendants' cow was on highway 41 where it was struck by plaintiffs' automobile. Our decision can likewise be stated in one sentence: Plaintiff has not sustained his burden of proof on the first element of the res ipsa loquitur doctrine. The only evidence in this case is that cows might get out of a fenced pasture if chased by men or animals; that cows have been known to jump fences; and that they will do just about anything you would expect them not to do. Thus, the only evidence is that this accident is of the kind which occurs in the absence of negligence. [Id. 426, 512 P.2d 1261 .]”

   1 later decision quote this exact passage
   e.g. Martinez v. Teague