113 Ind. App. 65 - Pierce v. Clemens’s Empirical Analysis
1943
Citation profile
6 federal appellate · 94 state decisions
How this case has been cited
Cited by 100 later decisions — most recently May 2013 · most notably 177 Ind. App. 403 - Kroger Co. v. Haun (1978), 139 Ind. App. 118 - STALLINGS v. Dick (1965)
6 federal appellate · 94 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 Indiana Natural Gas & Oil Co. v. O'Brien · 96 Ind. App. 287 - Coconower v. Stoddard · Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Hoffman · Slinkard v. Hunter · Goode v. Elwood Lodge No. 166
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 100 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`The question as to whether the accident was caused by the wanton or willful misconduct of the defendant should be left to the jury in all cases where there is any conflict in the evidence or where different inferences from the testimony given might be reasonably drawn. ...' Pierce v. Clemens, supra ( 113 Ind. App. 65 , 46 N.E.2d 836 .) (Emphasis supplied.)"”
7 later decisions quote this exact passage“"[where the evidence on the question of assumed or incurred risk presents an issue of fact, that issue is for the jury, but where there is no real dispute in the evidence bearing on that question, it is for the court to say as a matter of law that the plaintiff assumed or incurred that risk." Pierce v. Clemens (1943), 113 Ind.App. 65, 77 , 46 N.E.2d 836, 841 .”
6 later decisions quote this exact passage“"There was some evidence that the appellee did violate one or both of these statutes under circumstances which might render him guilty of wanton or willful misconduct in the operation of the automobile which contributed proximately to his own injury. The instruction should have been given. (Citing cases)." (Emphasis supplied)”
2 later decisions 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.