Coughlin v. Blumenthal’s Empirical Analysis

Citation profile

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

1. ““That while so engaged as aforesaid the said defendants then and there used a certain scow' or barge for the purpose of floating a certain derrick or crane; that while the said barge or scow was lying at anchor in the Delaware Bay ⅜ ⅜ * at a time when the conditions of weather made it improper so to> do, the said defendants not regarding their duty to this plaintiff négligently and carelessly directed this plaintiff to raise a certain chain and anchor of great weight by which the said barge or scow was moored, and with appliances and machinery totally unfit therefor, and at the time, and without the knowledge of this plaintiff, negligently and carelessly permitted and suffered a certain large and strong tug boat known as the ‘Bangs’ to be pulling upon the said scow or barge, and thereby upon the said chain and anchor, whereby a certain improper and inadequate iron bar furnished by the said defendants to the said plaintiff for the purpose of holding the anchor and chain, and through them the barge or scow aforesaid, broke, and thereby the said plaintiff, who was in his occupation aforesaid in the exercise of due care and caution on his part, had one of his feet or legs caught between the said chain and a cleat on the said barge or scow, and thereby the said leg of the plaintiff was mangled,” &c.”

   1 later decision quote this exact passage · from the majority
   e.g. de Luca v. Hughes

2. ““The degree of particularity required of the pleader largely depends on the circumstances of each case. A defendant is entitled to be apprised with reasonable particularity of the case against which he is called on to make defense, not only to prevent surprise at the trial but to obviate the labor and expense of preparing himself against claims on which the plaintiff may have no thought of relying. At the same time the right of a defendant to be informed of the issue he is called on to meet is not to be so extended as to require from the plaintiff such particularity of averment as, while not necessary to enable the defendant properly to prepare his defense, may unduly burden the plaintiff and needlessly subject him to the peril of a fatal variance at the trial.””

   1 later decision quote this exact passage · from the majority
   e.g. de Luca v. Hughes