Enos v. Montoya’s Empirical Analysis
1958
Citation profile
3 federal appellate · 41 state decisions
How this case has been cited
Cited by 46 later decisions — most recently October 1975 · most notably 15 Cal. 3d 351 - Newing v. Cheatham (1975), Williams v. Carr (1968)
3 federal appellate · 41 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 People v. Cole · 23 Cal. 2d 632 - Gray v. Southern Pacific Co. · 5 Cal. 2d 480 - Lindemann v. San Joaquin Cotton Oil Co. · 129 Cal. App. 2d 608 - Risley v. Lenwell · 104 Cal. App. 2d 716 - Zelayeta v. Pacific Greyhound Lines, Inc.
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where, as was here the case, the jury’s knowledge of the roadway must be limited to that shown by the evidence, it would seem to be an unrealistic position to insist that what was a prudent speed on the subject curve was a matter exclusively within the jury’s fact finding power which should not be “invaded” by opinion evidence. The proper rule would appear to be to allow such opinion evidence to assist the jury, if the jury, applying proper instructions, such as were here given, deems such evidence to be helpful.”
1 later decision quote this exact passage“It is true that under certain circumstances a guest who knows that his host has been drinking will be precluded from recovery; the circumstances arise when the guest has sufficient knowledge so that he knows or should have known that the host is incapable of careful driving [citation] or the guest has so participated in the drinking activities as to be in equal fault with him. [Citation.]”
1 later decision quote this exact passagee.g. Williams v. Carr
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.