Kelch v. Courson’s Empirical Analysis
1968
Citation profile
47 state decisions
How this case has been cited
Cited by 47 later decisions — most recently April 1997 · most notably Aetna Casualty & Surety Co. v. Niziolek (1985), Heimke v. Munoz (1970)
47 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Layton v. Rocha · Nielson v. Flashberg · Trojanovich v. Marshall · Evans v. Pickett · Beliak Ex Rel. Beliak v. Plants
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘You are also instructed that if you find that the plaintiffs’ decedents were guilty of negligence, and that such negligence was the proximate cause of the accident, then the law leaves the parties where it finds them and the plaintiffs should not recover from the defendant, even though you find that the defendant was guilty of negligence. In such circumstances it is immaterial whether the conduct of the defendant, was more negligent than that of the plaintiffs’ decedents.’ ” (Emphasis added)”
2 later decisions quote this exact passage“"Plaintiffs also maintain that the trial court erred in refusing their requested instruction No. 12 to the effect that defendant's plea of guilty, in traffic court, to a violation of a statute enacted for the safety of the public `is evidence of negligence per se.' Plaintiff proved that defendant had pleaded guilty to the citation he had received for making an improper left turn. It is a well-settled rule that a plea of guilty in a criminal case is admissible in evidence in a civil case involving the same issues. Hays v. Richardson , 95 Ariz. 263 , 389 P.2d 260 (1964). "It was not error to refuse to give the instruction that such plea was evidence of negligence per se. Such an instruction would be singling out a portion of the evidence. It would nullify any explanation of a witness as to why he entered a plea of guilty. Evidence of the plea should be admitted, and it is for the jury to determine the proper weight to be given to it. It is only an evidentiary fact admitted for the consideration of the trier of the facts."”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.