United States v. Smith’s Empirical Analysis

Citation profile

18 federal appellate · 12 district · 18 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 173 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Court of Claims has found the amount of damages to have been $5,000; * * * not allowing anything for loss or injury to his materials, which he might have prevented by the exercise of reasonable care and prudence. This rule of damages, as an abstract proposition, is clearly right. * * * The United States can be required to make compensation to a contractor for damages which he has actually sustained by their default in the performance of their undertakings to him; but this is the extent of their liability in the Court of Qaims. More than compensation for damages actually sustained can never be awarded against the United States. * * * In the estimation of damages the Court of Qaims occupies the position of a jury under like circumstances. Damages must be proved. The court is not permitted to guess any more than a jury, but, like a jury, it must malee its estimates from the proof submitted.””

   1 later decision quote this exact passage · from the majority
   e.g. Brand Inv. Co. v. United States

2. “In the estimation of damages the Court of Claims occupies the position of a jury under like circumstances. Damages must be proved. The court is not permitted to guess any more than a jury, but, like a jury, it must make its estimates from the proofs submitted. The result of the best judgment of the triers is all that the parties have any right to expect.”

   1 later decision quote this exact passage · from the majority
   e.g. Alva A. Aaron v. The United States. Trine S. Alne and Ernest A. Alne v. The United States