Bogen v. . Bogen’s Empirical Analysis
1942
Citation profile
27 state decisions
How this case has been cited
Cited by 28 later decisions — most recently December 2000 · most notably Roberts v. Hill (1954), Heath v. Kirkman (1954)
27 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 Morgan Hill Paving Co. v. Fonville · Lorance v. Smith · Crowell v. Duncan · Lambert v. Eastern Massachusetts Street Railway Co. · Rush v. McDonnell
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“. . one who voluntarily places himself in a position of peril known to him fails to exercise ordinary care for his own safety and thereby commits an act of continuing negligence which will bar any right of recovery for injuries resulting from such peril. “A guest, entering an automobile, assumes the dangers incident to the known incompetency, inexperience and driving habits of the driver. 4 Blashfield, 331, and cases cited in notes. It is the general rule that a guest or passenger in an automobile-takes the host with his defects of skill and judgment and his known habits and eccentricities in driving. 4 Blashfield, 197. “ ‘When a guest enters an automobile with the knowledge that the driver is incompetent or inexperienced ... he takes the chances of an accident, and, in case an accident occurs arising from such known incompetency, inexperience, or recklessness, he cannot recover against the driver; for in such case he assumes the risk of the accident by inciting the driver’s predisposition to operate the vehicle in an irresponsible manner.’ 4 Blashfield, 333, and cases cited. So, if a guest, with knowledge of the defective condition of the car and appreciation of the hazards involved, voluntarily assents to ride therein, he will be precluded from recovery for injuries in an accident resulting from the defects of which he has then been cognizant. 4 Blashfield, 336; Cline v. Prunty, 152 S.E. 201 (W. Va.); Pawhowski v. Eskafski, 244 N.W. 611 (Wis.); Knipfer v. Shaw, 246 N.W. 328”
2 later decisions 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.