Johnson, Administrator v. Huskey’s Empirical Analysis
1960
Citation profile
27 state decisions
How this case has been cited
Cited by 27 later decisions — most recently March 1984 · most notably Divine v. Groshong (1984), McElhaney v. Rouse (1966)
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 Frazier v. Cities Service Oil Co. · Stout v. Gallemore · Long Ex Rel. Long v. Foley · Bailey v. Resner · Perry v. Schmitt
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““From the above cases and those cited therein, it may be concluded that as to injuries inflicted, wanton conduct or wantonness comes between negligence on the one hand and willful or malicious misconduct on the other; that it is more than negligence and less than willfulness, and to constitute wantonness the acts complained of must show not simply lack of due care, but that the actor must be deemed to have realized the imminence of injury to others from his acts and to have refrained from taking steps to prevent the injury because indifferent to whether it occurred or not. Stated in another way, if the actor has reason to believe his act may injure another, and does it being indifferent to whether or not it injures, he is guilty of wanton conduct.” (p. 666.)”
1 later decision quote this exact passage · from the majoritye.g. Allman v. Bird“"If on all of the evidence adduced the admitted facts would compel a verdict in defendant's favor, the motion should have been sustained. If, however, the facts as shown by the evidence, when favorably considered, might reasonably be thought to show `gross and wanton negligence' as those terms are defined, then the motion should be overruled and the case submitted to the jury. It is, of course, the same rule passed upon by a court upon a demurrer to the evidence. The question is should the evidence be taken from the jury as a matter of law, or is there a question of fact to be decided by the jury?" (p. 283.)”
1 later decision quote this exact passage · from the majoritye.g. Tuminello v. Lawson““The statute was not referred to in this case, but reference may be had to the provisions of G.S. Supp. 1957, 8-1005 in comparing the authenticity of the above testimony.” 186 Kan. at 284 .”
1 later decision quote this exact passage · from the majoritye.g. Divine v. Groshong
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.