Gardner v. Welk’s Empirical Analysis
1964
Citation profile
8
cited by 8 later decisions
1
states following
April 1978
most recently cited
8 state decisions
Relationships
Relies on Schmid v. Eslick · Eldredge v. Sargent · Knox v. Barnard · Kreh v. Trinkle · Paph v. Tri-State Hotel Co.
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"... Furthermore, when an accident is caused by negligence there is no room for application of the doctrine of unavoidable accident even though, because of the circumstances, the accident may have been `inevitable' or `unavoidable" at the time of its occurrence, and one is not entitled to the protection of the doctrine if his negligence has created, brought about or failed to remedy a dangerous condition resulting in a situation where the accident is thus inevitable or unavoidable at the time of its occurrence. " (l.c. 500.) (Emphasis supplied.)”
1 later decision quote this exact passage · from the majority
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.