Madden v. Killinger’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. ““From all the facts and circumstances together with reasonable inferences which could or may have been drawn therefrom, the lower court was in error in withdrawing the case from the jury and directing a verdict for the defendant. The Supreme Court of the State of Florida, in the case of Moore v. Dietrich, 133 Fla. 809 , 183 So. 2 , and recently confirmed in Cadore v. Karp, Fla.1957, 91 So.2d 806, 807 , said: “ ‘If the evidence is conflicting, or will admit of different reasonable inferences, and if there is evidence tending to prove the issue, it should be submitted to the jury as a question of fact to be determined by them, and not taken from the jury and passed upon by the court as a question of law.’ ” [ 97 So.2d 207 .]”

   1 later decision quote this exact passage
   e.g. Reynolds v. Aument

2. “While each separate act involved in the drama might not in and of itself establish gross negligence, nevertheless, the entire course of conduct of the automobile driver under all of the circumstances and in the light of all the related factors taken collectively might well establish the existence of gross negligence-(emphasis added).”

   1 later decision quote this exact passage
   e.g. 38 So. 3d 874 - BDO Seidman, LLP v. Banco Espirito Santo International