128 W. Va. 554 - Vaughan v. Oates’s Empirical Analysis
1946
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently April 2014
20 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 125 W. Va. 722 - Bragg v. C. I. Whitten Transfer Co. · 118 W. Va. 545 - Meyn v. Dulaney-Miller Auto Co. · 124 W. Va. 446 - Lynch v. Alderton · 96 W. Va. 31 - Burdette v. Henson · 118 W. Va. 56 - Milby v. Diggs
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.
“Ordinarily, where contributory negligence of the plaintiff is relied on as a defense, it is prejudicial error to give for the plaintiff an instruction which directs the jury to find for the plaintiff if certain recited facts are believed by the jury from the evidence, but which instruction does not specifically negative contributory negligence on the part of the plaintiff. The error involved in the giving of such erroneous instruction is not corrected by the giving to the jury of other instructions covering contributory negligence.”
1 later decision quote this exact passagee.g. Metro v. Smith
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.