135 Ind. App. 495 - Stillwell v. Adams’s Empirical Analysis
1963
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently November 1985
16 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 Bedwell v. Debolt · 113 Ind. App. 65 - Pierce v. Clemens · Hoesel v. Cain Kahler v. Cain · Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Case · Brown v. Saucerman
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘ * * * This is a guest case under the Indiana Statutes relating to the liability of a host-driver to his guest passenger. There is no basis in law for the finding of liability on the part of a host on simple negligence. The instruction, therefore, tends to confuse the jury and indicate to them that upon a finding of negligence, liability can be predicated upon the defendant in this action.’ “In pursuance of Supreme Court Rule 1-7A, the trial court was required to give preliminary instruction ‘as to the issues for trial,’ etc., and inasmuch as there were no issues tendered by the pleadings which concerned negligence, we think that the giving of such instruction constituted prejudicial error. Hayes Freight Lines, Inc. et al. v. Wilson (1948), 226 Ind. 1 , 77 N. E. 2d 580 ; * * * Hoesel v. Cain et al.; Kahler v. Cain et al. (1944), 222 Ind. 330 , 53 N. E. 2d 165 .””
2 later decisions quote this exact passage““. . . where the question is properly presented the giving of an instruction defining negligence as a preliminary instruction, when the action and issues are predicated upon the guest statute, . . ., in and of itself is prejudicially harmful and erroneous.” 135 Ind. App. at 499 , 193 N.E.2d at 76 . (Emphasis added.)”
1 later decision quote this exact passage““Willful or wanton misconduct consists of the conscious and intentional doing of a wrongful act or omission of a duty, with reckless indifference to consequences, under circumstances which show that the doer has knowledge of existing conditions and that injury will probably result.””
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.