Jaeger v. Chapman’s Empirical Analysis

Citation profile

50 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * While it would not have been error to have given such an instruction [on unavoidable accident], it was not error to refuse to give it where all elements of defendant's liability were covered by other instructions. The defendant is not entitled to have his defense overemphasized and cannot complain that his defense is not stated in a particular way, as long as the defense is adequately and fairly covered."”

   2 later decisions quote this exact passage
   e.g. Wyant v. Dunn · 111 Cal. App. 2d 248 - McMahon v. Marshall

2. “In the interest of a full and complete understanding of the law applicable to the case it was necessary that the jury be instructed on the major subjects raised by the pleadings even if a modification in this or other respects was required to make a more acceptable presentation of the law. We think this is the rule approved by statute and judicial decision where fundamentals are involved, there being no attempt on the part of the author to mislead the court or jury by resorting to equivocally or ingeniously phrased requests, especially in cases where the jury otherwise would be left uninstructed on vital issues of the case.”

   1 later decision quote this exact passage
   e.g. 141 Cal. App. 2d 812 - Thomas v. Buttress & McClellan, Inc.

3. “in law we recognize what is termed an unavoidable or inevitable accident”

   1 later decision quote this exact passage
   e.g. 49 Cal. 2d 652 - Butigan v. Yellow Cab Co.