Peasley v. White’s Empirical Analysis
1930
Citation profile
3 federal appellate · 21 state decisions
How this case has been cited
Cited by 24 later decisions — most recently February 1972
3 federal appellate · 21 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.
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The plaintiff was bound to exercise some degree of care. He could not wholly escape the duty of keeping a lookout and warning the driver of apparent danger. This duty did not require or empower him to assume control of the car, and, if in the exercise of reasonable care he could not have done anything to avert the accident, he is not barred from recovery. Dansky v. Kotimaki, 125 Me. 72, 76, 130 A. 871. It is of `apparent' danger which the passenger must give warning, not necessarily apparent to the individual, but that which is or ought to be reasonably manifest to the ordinarily prudent person. As is said in Minnich v. Eastern Transit Co., 267 Pa. 200, 110 A. 273, 274, 18 A.L.R. 296, it is, `when dangers, which are either reasonably manifest or known to an invited guest, confront the driver of a vehicle, and the guest has an adequate and proper opportunity to control or influence the situation for safety, if he sits by without warning or protest and permits himself to be driven carelessly to his injury,' that his negligence will bar his recovery.”
1 later decision quote this exact passage““The driver of an automobile, encountering a fog, is not bound as a matter of law to stop and wait for the fog to lift in order to escape the charge of negligence. It is common knowledge that the fogs from the sea and of the inland are usually penetrable to the eye, and, while visibility may be low, if the driver proceeds with due care, progress may be made through them with reasonable safety. The degree of care to be exercised must vary with conditions of fog, of roadway, and of traffic. The type, size, and power of the car may be of greater or less importance. It is impossible to enumerate all factors involved, but it has been well said that the duty of the driver of a car in a fog, is: ‘He must, however, exercise a degree of care consistent with the existing conditions.’ Cole v. Wilson, 127 Me. 316 , 143 A. 178, 179 .””
1 later decision quote this exact passagee.g. Rabenold v. Hutt
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.