Public-domain · open source
OpenJurist
← 119 FSUPP 247 - Williams v. McDaniel

Williams v. McDaniel’s Empirical Analysis

1953

Citation profile

2
cited by 2 later decisions
1
states following
January 1985
most recently cited

1 district · 1 state decisions

Relationships

Applies 28 U.S.C. § 1653

Relies on Robertson v. Cease · Parker v. Trefry · Bonfils v. Hayes · Jeffcott v. Donovan · Estes Ex Rel. Estes v. Riggins

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. ““That at the time of the above accident and prior thereto the defendant, Helen V. McDaniel, and said J. B. McDaniel were associated together in business in the City of Wells, County of Elko, State of Nevada, and owned and operated various buildings as joint tenants with right of survivorship, and at the time of the above accident were jointly constructing a certain building known as an auto court in the City of Wells, County of Elko, State of Nevada; that at the time of said accident and prior thereto, said J. B. McDaniel was the manager of the joint venture of the business conducted and carried on by said J. B. McDaniel and defendant, Helen V. McDaniel, and said J. B. McDaniel at the time of said accident was the agent of the said joint venture consisting of said defendant and said J. B. McDaniel, and at the time of said accident was acting on behalf of said joint venture and within the scope and course of his agency.””
    1 later decision quote this exact passage · from the majority
  2. ““That on December 2, 1949, at about 3:15 p. m. Oren Wilson was driving a certain 1940 Plymouth sedan automobile in a westerly direction on said United States Highway 40 approximately sixteen miles east of the City of Elko, County of Elko, State of Nevada; that at said time and place one J. B. McDaniel, a resident of Wells, Nevada, so negligently operated, drove, and controlled a certain 1946 Buick sedan automobile, Nevada license no. 38-364 in an easterly direction on said U. S. Highway 40 so as to proximately cause the said 1946 Buick sedan automobile to forcibly strike and collide with the said 1940 Plymouth sedan automobile operated by said Oren Wilson.””
    1 later decision quote this exact passage · from the majority
  3. ““A motion to strike under Fed. Rifes Civ.Proc. rule 12(f), 28 U.S. C.A., is not favored and should be granted only when the allegations complained of have no possible relation to the controversy. Matter will not be stricken unless it has no relation to the controversy in any way and its presence in the pleading will cause prejudice which cannot be prevented by action at a pre-trial conference or by a charge of the Court to the jury.””
    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.