Simon v. Dew’s Empirical Analysis

Citation profile

2 district · 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Once the defendant’s ownership has been established, the statute creates a presumption of agency which places the burden of proof as to the question of consent upon the defendant-owner. (2) The defendant-owner overcomes the statutory presumption when he [or she] offers uncontradicted proof that the automobile was not at the time being used with his [or her] permission. When the presumption is thus overcome, the defendant-owner :s entitled to a favorable finding as a matter of law. (3) Where the defendant-owner offers some credible evidence to overcome the presumption, but evidence not strong enough to entitle him [or her] to judgment as a matter of law, the question of liability resolves itself into a question of fact.”

   1 later decision quote this exact passage
   e.g. Curtis v. Cuff

2. ““Whenever any motor vehicle, after the passage of this chapter, shall be operated upon the public highways of the District of Columbia by any person oth er than the owner, with the consent of ■ the owner, express or implied, the operator thereof shall, in case of accident, be deemed to be the agent of the owner of such motor vehicle, and the proof of the ownership of said motor vehicle •shall be prima facie evidence that such person operated said motor vehicle with the consent of the owner.””

   1 later decision quote this exact passage
   e.g. McMickle v. Nickens