Buck v. Hill’s Empirical Analysis
1953
Citation profile
20 state decisions
Relationships
Relies on Daniels v. City & County of San Francisco · Girdner v. Union Oil Co. · 39 Cal. 2d 290 - Rodabaugh v. Tekus · 38 Cal. 2d 102 - Selinsky v. Olsen · 32 Cal. 2d 157 - Stickel v. San Diego Electric Railway Co.
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As said in Bagwill v. Pacific Electric Ry. Co., 90 Cal.App. 114 [ 265 P. 517 ], 'Like the body of the law of negligence, to which the doctrine [last clear chance] is appended, the test remains as that of ordinary care under all of the circumstances.' (P. 121.) 'We cannot say as a matter of law that he did not, by exercising ordinary care, have the last clear chance to avert the collision--something more than a split second possible chance.' (Selinsky v. Olson, supra, 38 Cal.2d 102, 106 [ 237 P.2d 645 ].) 'Whether the doctrine of last clear chance is applicable depends entirely upon the existence or nonexistence of the elements necessary to bring it into operation, and whether such elements exist or do not exist is ordinarily a question of fact to be determined by the fact-finder.' (Bailey v. Wilson, 16 Cal.App.2d 645, 647 [ 61 P.2d 68 ].) Again, like the body of the law of negligence, if the question is one upon which reasonable minds might differ, it is one of fact which must be left to the jury and not one of law for the court. (See Collins v. California Street Cable R.R. Co., 91 Cal.App. 752, 755 [ 267 P. 731 ].)”
1 later decision quote this exact passage“While it is true, as contended by defendants, that no California case has applied the doctrine to a situation where moving vehicles were approaching each other at the speeds in this case, that fact, however, should not bar its application here. Its application is not determined by speed or lack of speed alone, but by the question of whether the elements of the doctrine are present.”
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.