164 W. Va. 354 - Blackburn v. Smith’s Empirical Analysis
1980
Citation profile
14
cited by 14 later decisions
1
states following
November 1996
most recently cited
14 state decisions
Relationships
Relies on 128 W. Va. 166 - State v. Foley · 134 W. Va. 815 - Frampton v. Consolidated Bus Lines, Inc. · 161 W. Va. 346 - McMillen v. Dettore
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘Where [in a trial by jury] there is competent evidence tending to support a pertinent theory in the case, it is the duty of the trial court to give an instruction presenting such theory when requested to do so.’ Syl. pt. 3, State v. Foley, 128 W.Va. 166 , 35 S.E.2d 854 (1945). 10”
2 later decisions quote this exact passage · from the majority““The relationship of joint enterprise between the owner of an automobile driving the same and a guest passenger in the vehicle is not established by the mere fact that the driver and passenger were riding together to the same destination for a common purpose, where the passenger had no voice in directing and controlling the operation of the automobile.””
1 later decision quote this exact passage · from the majority
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.