10 N.J. Super. 224 - State v. Neri’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It has been held by our courts that there is a distinction between gross negligence and willful and wanton disregard of the rights and safety of others. The test is the intent with which the act is committed. To constitute willfulness, there must be design, purpose, intent to do wrong and inflict injury. To constitute wantonness, the party doing the act, or failing to act, must be conscious of his conduct, and, without having the intent to injure, must be conscious, from his knowledge of existing circumstances and conditions that his conduct will naturally and probably result in injury. See Eatley v. Mayer, 9 N.J. Misc. 918 ( Hudson Cty. Circ. Ct. 1931); affirmed 10 N.J. Misc. 219 ( Sup. Ct. 1932), and also Staub v. Public Service Railway Company, 97 N.J.L. 297 (1922), the latter case being an opinion by the Court of Errors and Appeals; Iaconio v. D'Angelo, 104 N.J.L. 506 ( E. & A. 1928).”

   1 later decision quote this exact passage
   e.g. 85 N.J. Super. 127 - State v. Donley