Peery v. Mershon’s Empirical Analysis

Citation profile

2 federal appellate · 46 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"One important element in determining whether a person is a guest within the meaning and limitations of such statutes is the identity of the person or persons advantaged by the carriage. If, in its direct operation, it confers a benefit only on the person to whom the ride is given, and no benefits, other than such as are incidental to hospitality, companionship, or the like, upon the person extending the invitation, the passenger is a guest within the statutes; but, if his carriage tends to the promotion of mutual interests of both himself and the driver and operates for their common benefit or if it is primarily for the attainment of some objective or purpose of the operator, he is not a guest within the meaning of such enactments. * * *"”

   3 later decisions quote this exact passage
   e.g. Brown v. Killinger · 98 So. 2d 507 - Sullivan v. Stock

2. “"The question of who is a `guest' within the contemplation of a statute limiting liability of the owner or operator of a motor vehicle for injury to a guest is largely a question for determination in the individual case. Generally such statutes by their terms are limited to passengers or riders who are being carried gratuitously. The word `guest' should be construed in the light of the legislative purpose, and should not be extended beyond correction of the evils and attainment of the permissible social objects inducing its enactment. "A guest is one who is invited, either directly or by implication, to enjoy the hospitality of the driver, and who accepts such hospitality and takes a ride either for his own pleasure or on his own business, without making any return to or conferring any benefit upon the driver other than the mere pleasure of his company. A person riding in a motor vehicle is a guest if his carriage confers a benefit only upon himself and no benefit upon the owner or operator except such as is incidental to hospitality, social relations, companionship, or the like as a mere gratuity. However, if his carriage contributes such tangible and substantial benefits as to promote the mutual interests of both the passenger and the owner or operator, or is primarily for the attainment of some tangible and substantial objective or business purpose of the owner or operator, he is not a guest. * *"”

   1 later decision quote this exact passage
   e.g. 98 So. 2d 507 - Sullivan v. Stock

3. “"The sole purpose of the legislature in passing the act, as we construe the simple language which they used, was to prevent one who traveled with another in a car as a guest, or without compensation, from recovering unless it was proven that the driver of the car was guilty of the greater degree of negligence. Evidently, they were concerned with the propriety and fairness of the recovery by a free rider, whether invitee or `hitch hiker', for ordinary negligence of a driver and sought to confine the recovery of one who traveled without charge to damages caused by negligence that was gross or misconduct that was wanton. * * *"”

   1 later decision quote this exact passage
   e.g. 106 So. 2d 110 - Andrews v. Kirk