103 N.J. Super. 95 - Finley v. Wiley’s Empirical Analysis
1968
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently August 2019 · most notably Thomas v. Oldham (1995), Ettin v. Ava Truck Leasing, Inc. (1969)
25 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 Cree v. Goldstein · Hager v. Weber · Hartpence v. Grouleff · Fisch v. Manger · Greenberg v. Stanley
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"There are, however, a number of limitations which have hedged the `emergency' rule. It does not mean that any different standard is to be applied in the emergency. The conduct required is still that of a reasonable man under the circumstances, as they would appear to one who was using proper care, and the emergency is only one of the circumstances. An objective standard must still be applied, and the actor's own judgment or impulse is still not the sole criterion. He may still be found to be negligent if, notwithstanding the emergency, his acts are found to be unreasonable. The `emergency doctrine' is applied only where the situation which arises is sudden and unexpected, and such as to deprive the actor of reasonable opportunity for deliberation and considered decision. Furthermore, it obviously cannot serve to excuse the actor when the emergency has been created through his own negligence, since he cannot be permitted to shield himself behind a situation resulting from his own fault. It is, however, not the conduct after the emergency has arisen which is not excused, but the prior negligence; and where the question is one of the last clear chance, the defendant may still not be liable." (Emphasis supplied.) (Footnotes omitted.) Prosser, supra, at 169.”
5 later decisions quote this exact passage · from the majority“[i]f, as argued, he was finally confronted with the alternative of striking the tractor-trailer or pulling into the slow lane at the risk of striking plaintiff, it was not because of any emergency at least not one which his negligence did not help to create.”
1 later decision quote this exact passage · from the majority“charge tended to be argumentative in its effect and served to unduly emphasize one phase of the proofs.”
1 later decision quote this exact passage · from the majority
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.