Sparks v. Getz’s Empirical Analysis

Citation profile

4 federal appellate · 33 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In determining the question whether a person is or is not a ‘guest’ within the meaning of the statute, among the many elements to be considered are the identity and relationship of the parties; the circumstances of the transportation; the nature, type and amount of payment’; the benefits or advantages resulting to the respective parties growing out of the transportation; whether the payment,’ of whatever nature, constituted a tangible benefit to the operator and was the motivating influence for furnishing the transportation; and the nature and purpose of the trip. (Syl. j[ 4.) “The word payment,’ as used in the statute, is a variable term and is not restricted in meaning to a discharge in money of a sum due, or the performance of a pecuniary obligation. But, in order to preclude classification as a ‘guest,’ the ‘payment,’ of whatever nature, must constitute a benefit or advantage to the owner or operator which is a substantial consideration, motivating, and not merely incidental in character.” (Syl. f 5.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Gorelick v. Ernstein · In Re Estate of Wright

2. ““The demurrer admits the parties entered into such a money saving contract. Had the costs of transportation been calculated and each had paid such amount on alternate days to the other it scarcely would be contended there was no payment for transportation.””

   1 later decision quote this exact passage · from the majority
   e.g. Ward v. Dwyer