Howse v. Weinrich’s Empirical Analysis

Citation profile

15 state decisions

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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This court cannot state a hard and fast rule by which it may be determined whether a sleeping guest is negligent or not negligent. If the guest knows the character of the automobile driver, knows that the driver’s experience and skill qualify him to deal with road 'and traffic conditions likely to be encountered on a particular journey, and has no reason to anticipate that unusual or extraordinary situations will arise, it may be clear the guest would not be at fault if he took a nap. On the other hand, the circumstances might be such that it would be clear the guest ought to be awake and alert. Generally, the question will be one for the jury, and it would not he profitable to discuss a few of the infinite variety of fact situations which automobile driving may create. In this instance there is ground for a finding of recklessness on the part of the driver, and in that event the contributory negligence of plaintiff is not of consequence.””

   1 later decision quote this exact passage · from the majority
   e.g. Anderson v. Eaton

2. ““What was the duty of the host to his guest? “The rule of this court is that the host shall not expose the guest to risk of harm by act or omission violative of the common standard of conduct, the conduct of a reasonable man.” (Citing Mayberry v. Sivey, 18 Kan. 291, 293 .)”

   1 later decision quote this exact passage · from the majority
   e.g. Davidow v. Bold