155 Ind. App. 545 - Moore v. Funk’s Empirical Analysis
1973
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently December 1998
22 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 Spivey v. State · Taylor v. Fitzpatrick · 152 Ind. App. 497 - Hiatt v. Yergin · Allman v. Malsbury · Williams v. State
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The elements which establish the defense of ‘sudden emergency’ are: ‘(1) That the appearance of danger or peril was so imminent that he had no time for deliberation ; (citation omitted) (2) That the situation relied upon to excuse any failure to exercise legal care was not created by his (appellant’s) own negligence; (citations omitted) (3) That his conduct under the circumstances was such as the law requires of an ordinarily prudent man under like or similar circumstances.’ (citations omitted) Taylor v. Fitzpatrick (1956), 235 Ind. 238, 247 , 132 N.E.2d 919, 924 .” See, also, Hedgecock v. Orlosky (1942), 220 Ind. 390 , 44 N.E.2d 93 ; Paxton v. Ferrell (1969), 144 Ind. App. 124 , 244 N.E.2d 439 ; 21 I.L.E., Emergency, § 86, p. 343.”
1 later decision quote this exact passage““(1) That the appearance of danger or peril was so imminent that he had no time for deliberation; (Citations omitted). (2) That the situation relied upon to excuse any failure to exercise legal care was not created by his own negligence; (Citations omitted). (3) That his conduct under the circumstances was such as the law requires of an ordinarily prudent man under like or similar circumstances.” (Citations omitted). See also: Bundy v. Ambulance Indianapolis Dispatch, Inc. (1973), 158 Ind. App. 99 , 301 N.E.2d 791 ; Moore v. Funk (1973), 155 Ind. App. 545 , 293 N.E.2d 534 .”
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.