Cleary v. Eckart’s Empirical Analysis
1926
Citation profile
2 federal appellate · 42 state decisions
How this case has been cited
Cited by 46 later decisions — most recently September 1974 · most notably 15 Wis. 2d 374 - McConville v. State Farm Mutual Automobile Insurance (1962), Higgins v. Mason (1930)
2 federal appellate · 42 state decisions — followed in 10 states
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 Beard v. Klusmeier · Greenfield v. Miller · Mitchell v. Raymond · O'Shea v. Lavoy · Avery v. Thompson
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“. . . “The case may well be disposed of on the ground that plaintiff accepted such hospitality as the host had to offer, and that consisted of the car in the condition in which it was, and the driver with such limited skill as she had been able to acquire in driving a car but 1,200 miles, of which plaintiff had knowledge.””
2 later decisions quote this exact passage““Does the guest have a right to demand of the host a degree of skill for the security of the guest which the host is utterly unable to exercise for his own protection? It would seem that the statement of this question carried with it its own answer, and that the same consideration which compels the guest to accept the car in the condition in which he finds it also compels him to be content with the honest and conscientious exercise of such skill as the host or driver may have attained in the management and control of the automobile in emergencies.””
1 later decision quote this exact passagee.g. Grover v. Sherman““The plaintiff knew of defendant’s limited experience, and she knew that when she accepted the hospitality of the defendant she was placing herself in the hands of a driver with exceedingly limited experience in the management and control of automobiles.””
1 later decision quote this exact passagee.g. Struck v. Vetter
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.