12 La. App. 630 - Buckner v. Powers’s Empirical Analysis
1930
Citation profile
38 state decisions
How this case has been cited
Cited by 38 later decisions — most recently June 1952 · most notably Tarleton-Gaspard v. Malochee (1931), Martin v. Cazedessus (1930)
38 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 5 La. App. 704 - Smith v. Interurban Transportation Co. · De La Vergne v. Levy · Hubert v. Robichaux · 5 La. App. 730 - McCalmont v. Sterkx · General Exchange Insurance v. Morrow
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Counsel then proceeded with the argument that defendant’s driver lost control of his car and swerved to the left, when he should have gone straight ahead or veered to the right. It is probably true, as already stated, that defendant’s driver made a mistake in turning to the left, instead of the right; but his mistake in that respect cannot be charged against him as negligence. He was confronted with a sudden emergency. Plaintiff’s car came into the street immediately in front of him. He acted quickly and under impulse. One in peril, or who sees another in peril, when immediate action is necessary to avoid it, cannot exercise the same presence of mind and cool deliberation as under other circumstances.””
1 later decision quote this exact passagee.g. Martin v. Cazedessus““* * * automobile driver, who by the negligence of another, and not by his own negligence, is suddenly confronted by an emergency and is compelled to act instantly to avoid a collision or injury, is not guilty of negligence if he makes such a choice as a person of ordinary prudence placed in such a position might make, even though he did not make the wisest choice.””
1 later decision quote this exact passagee.g. Martin v. Cazedessus““The priority of right of one driver imposes a corresponding duty on the driver having the inferior right of way to exercise a degree of care commensurate with the superior right of the other to ■ observe the car of the other, its speed, position and operation, and to wait until it has passed before attempting to cross the intersection.””
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.