Traders & General Ins. Co. v. Wright’s Empirical Analysis

Citation profile

32 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Special Issue No. 22. Do you find from a preponderance of the evidence that the plaintiff’s disability, if any, was not prolonged or plaintiff’s recovery, if any, was not retarded, due to the failure of the plaintiff, if any, to follow the advice and instructions of Dr. James L. Cooper, as alleged? “Answer: ‘Plaintiff’s disability was so prolonged and his recovery retarded’ or ‘Plaintiff’s disability was not so prolonged and his recovery was not so retarded.’ “Answer: Plaintiff’s disability was not so prolonged and his recovery was not so retarded.” “Special Issue No. 23. For how long a period of time, if any, do you find from a preponderance of the evidence, that the plaintiff’s disability, if any, was not prolonged as a result of the failure of the plaintiff, if any, to follow the advice and instructions of Dr. James L. Cooper, as alleged? “Answer in number of weeks, if any. “Answer: Not 'any.” “Special Issue No. 24. What percentage of the plaintiff’s disability, if any, do you find from a preponderance of the evidence was not the result of the plaintiff’s failure, if any, to follow the advice and instructions of Dr. James L. Cooper, as alleged ? “Answer in terms of per cent, if any, using one hundred per cent (100%) as a basis of calculation.' "Answer: 100%.””

   2 later decisions quote this exact passage
   e.g. Federal Underwriters Exchange v. Popnoe · Traders & General Ins. Co. v. Stakes

2. ““We think the issue of partial incapacity was raised by the evidence. Plaintiff’s witness Dr. Parmley testified: Tn my opinion he isn’t able to do¡ any hard work. He might do bookkeeping, or things like that if the place is well ventilated.’ “The plaintiff testified: “ ‘Q. Have you made any money since the 21st of November, 1933? A. Yes. “ ‘Q. How much have you made ? A. Since the 1st day of May I have averaged about $30.00 a month. “ ‘Q. For what is that — where did you get that? A. From the local Oil Field Workers' Union. “ ‘Q. You are Secretary of that? A. Yes. “ ‘Q. You ran for County Treasurer? A. Yes. “ ‘Q. You made a campaign of that county down there ? A. Yes. “ ‘Q. What kind and character of work is that you have with the local Oil Field Labor Union? A. Bookkeeping work and secretarial work. “ ‘Q. How much time — how many hours a week do you have to spend at that job?. A. Two or three hours a day, six days a week.’ “Dr. McKnight, a -witness for defendant, testified as follows: ‘He wasn’t totally and permanently disabled, from my standpoint. He would always be tubercular, but with good care I shouldn’t see why he couldn’t go ahead and do a moderate amount of work, taking care of himself, of course. Pie should have done that before.’ ””

   1 later decision quote this exact passage
   e.g. Texas Employers Ins. Ass'n v. Lewis

3. ““ ‘By the term “partial incapacity” or “partially incapacitated,” whenever it appears in this charge, (it) shall have the following meaning: It shall mean where an employee by reason of an injury sustained in the course of his employment is only able to perform part of his regular labor, or a less remunerative class than he performed prior to his injury, whereby he suffers a depreciation or reduction in his earning capacity.’ ””

   1 later decision quote this exact passage
   e.g. Mitchell v. Houston General Insurance Co.