Fleming v. Flick’s Empirical Analysis
1934
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently November 1985 · most notably 174 Cal. App. 3d 831 - West v. Johnson & Johnson Products, Inc. (1985), 23 Cal. App. 2d 510 - McCullough v. Langer (1937)
25 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 Citti v. Bava · 101 Cal. App. 274 - Rath v. Bankston · 120 Cal. App. 561 - Silvey v. Harm · 52 Cal. App. 98 - Straten v. Spencer · Baroni v. Rosenberg
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In order, then, to prevent a recovery by reason of contributory negligence, the plaintiff or person injured must have been guilty of want of ordinary care; and we shall now see that this want of ordinary care must have been a proximate cause of the injury, and not a remote cause or mere condition. If the negligence of the plaintiff was only remotely connected with the injury, the plaintiff may recover damages, if notwithstanding such remote negligence of the plaintiff the defendant might have avoided the injury by the exercise of ordinary care. But if. a want of ordinary care on the part of the person injured concurs as a proximate cause in producing the injury, the defendant is not liable, although in fault. This doctrine is involved in the meaning of the words we employ to express the negligence on the part of the plaintiff which will bar a recovery,—‘contributory negligence’. The negligence of the plaintiff which will bar a recovery of damages for an injury sustained by the defendant’s negligence ' must be such as contributes to the injury complained of; that is, as expressed by a learned and philosophic writer', it ‘must be such that, by the usual course of events, it would result, unless independent disturbing moral agencies intervened, in the particular injury’. ” (Italics ours.)”
1 later decision quote this exact passage““The courts have frowned upon the unnecessary developing of the interest of a surety company in the trial of a damage case where the company is not a party to the suit. This is especially true when the question of negligence is so doubtful as to leave reasonable inference that the evidence of the interest of the insurance company is likely to have prejudiced the jury, or when it appears that counsel for the plaintiff is not in good faith in presenting the evidence.””
1 later decision quote this exact passagee.g. Charter v. Olson
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.