Deane v. Johnston’s Empirical Analysis
1958
Citation profile
3 federal appellate · 39 state decisions
How this case has been cited
Cited by 42 later decisions — most recently June 2007 · most notably Grossnickle v. Village of Germantown (1965), Young v. Price (1963)
3 federal appellate · 39 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 143 Ohio St. 426 - Taylor v. City of Cincinnati · McFarlane v. City of Niagara Falls · Beckwith v. Town of Stratford · DeLahunta v. City of Waterbury · Pickett v. Waldorf System, Inc.
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Intent in the law of torts means that the actor acts for the purpose of causing an invasion of another's interest or knows that such an invasion is resulting, or is substantially certain to result, from his conduct. It is not enough that the act itself is intentionally done.”
4 later decisions quote this exact passage · from the concurrence“This court is committed to the proposition that contributory negligence is ordinarily a question of fact for the jury. It is true that by her own admissions appellee was familiar with the scale and with the locus of the accident. She asserts, however, that the case was one for jury consideration because of the `distraction rule' whereunder, if her attention were diverted from the known danger by a sufficient cause, the question of contributory negligence is for the jury. With this contention we are inclined to agree. At the time appellee was distracted by her employer's call to her she, according to her testimony, immediately looked both at the traffic and the traffic light, which we consider to have been her duty in exercising ordinary care and caution for her own safety before attempting to cross the street.”
2 later decisions quote this exact passage · from the concurrence“that contributory negligence commonly does not bar recovery for harm caused by defendant's reckless disregard for the plaintiff's safety, unless the plaintiff is similarly reckless ... ... This reckless or wanton disregard may result in the elimination of contributory negligence as an issue in the case, but it is not classified as an intentional wrong.”
1 later decision quote this exact passage · from the concurrence
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.