151 W. Va. 730 - Lilly v. Taylor’s Empirical Analysis
1967
Citation profile
3 federal appellate · 20 state decisions
How this case has been cited
Cited by 25 later decisions — most recently July 2008 · most notably 167 W. Va. 779 - Ratlief v. Yokum (1981), 152 W. Va. 549 - Moore, Kelly & Reddish, Inc. v. Shannondale, Inc. (1968)
3 federal appellate · 20 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 148 W. Va. 142 - Evans v. Farmer · 150 W. Va. 179 - Poe v. Pittman · Sheff v. City of Huntington · Washington v. B. & O. R. R. · 135 W. Va. 341 - Webb v. Sessler
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.
“[T]he proximate cause of injury is the superior or controlling agency from which springs the harm, as contradistinguished from those causes which are merely incidental or subsidiary to such principal and controlling causes.”
2 later decisions quote this exact passage““A person in a sudden emergency not created in whole or in part by his own negligence, who acts according to his best judgment or who, because of insufficient time to form a judgment, fails to act in the most judicious manner, is not guilty of actionable negligence if he exercises the care which would be exercised by a reasonably prudent person in like circumstances.””
1 later decision quote this exact passage“`Remote negligence of the plaintiff will not prevent his recovery for an injury immediately caused by the negligence of the defendant. The negligence of the plaintiff, which defeats his recovery, must be a proximate cause of the injury.'”
1 later decision quote this exact passagee.g. Yates v. Mancari
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.