Gibbs v. Mikesell’s Empirical Analysis
1958
Citation profile
36 state decisions
How this case has been cited
Cited by 36 later decisions — most recently July 1974 · most notably Voss Ex Rel. Voss v. Bridwell (1961), McCoy v. Wesley Hospital & Nurse Training School (1961)
36 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 Hickert v. Wright · Lawrence v. Kansas Power & Light Co. · Gibson v. Bodley · Fry v. Cadle · Curtiss v. Fahle
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The essential elements under the doctrine of last clear chance are: (1) The plaintiff by his own negligence placed himself in a position of danger; (2) that the plaintiff’s negligence had ceased; (3) that the defendant seeing the plaintiff in a position of danger, or by the exercise of due care should have seen the plaintiff in such position, by exercising due care on his part had a clear chance to avoid injuring the plaintiff; (4) that the defendant failed to exercise such due care; and (5) as a result of such failure on the defendant’s part plaintiff was injured. (Goodman v. Kansas City, M. & S. Rld. Co., 137 Kan. S08, 21 P. 2d 322 ; and see, Restatement of Law, Torts, Negligence, §479.)” (p. 130.)”
1 later decision quote this exact passage · from the majoritye.g. Letcher v. Derricott““1. Negligence — Alleging Facts Invoking Last Clear Chance Doctrine. A plaintiff may plead in his petition a cause of action on the ground of ordinary negligence and may also plead in the alternative a cause of action which states facts involving the doctrine of last clear chance, and he may recover under whichever aspect proof of the case may show."”
1 later decision quote this exact passage · from the majoritye.g. Letcher v. Derricott
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.