Formont v. Kircher’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rule would seem to be that respondent was not required to prove his ease beyond a reasonable doubt, nor by direct and positive evidence. It was only necessary that he show a chain of circumstances from which the ultimate fact required to be established is reasonably and naturally in-ferable .... If the rule of law is as contended for by defendant and appellant, and it is necessary to demonstrate conclusively and beyond the possibility of a doubt that the negligence resulted in the injury, it would never be possible to recover in a case of negligence in the practice of a profession which is not an exact science.”

   1 later decision quote this exact passage
   e.g. Ballard v. Kerr, M.D, Silk Touch Laser

2. ““ ‘It is elemental that there may be two or more proximate causes of an injury. These may originate from separate and distinct sources or agencies operating independently of each other; yet if they join and concur in producing the result complained of, the author of each cause may be held liable for the injuries inflicted, * * *.’” 85 Idaho 501 , 381 P.2d 291 .” 91 Idaho at 299, 420 P.2d at 670.”

   1 later decision quote this exact passage
   e.g. Sulik v. Central Valley Farms, Inc.

3. ““The fact, I find, is that while infections of this sort are sometimes uncontrollable, they can ordinarily be controlled if treated properly. It is not to be expected that a person with this type of injury and infection will lose his leg.””

   1 later decision quote this exact passage
   e.g. Conrad v. St. Clair