Trask v. Gibbs’s Empirical Analysis
1972
Citation profile
6 state decisions
Relationships
Relies on Lawson v. Fordyce · Briney v. Tri-State Mutual Grain Dealers Fire Insurance · W & W Livestock Enterprises, Inc. v. Dennler · Paulsen v. Haker · Robinson v. Home Fire & Marine Insurance
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In the case at bar defendants from the day of the accident knew the facts and circumstances of the accident on December 20, 1967. They first attempted to assert the no horn specification of negligence on August 20 or 21, 1970 after all the evidence at trial was closed. They had taken the deposition of Trask and his answers to the interrogatories. Nothing new to them regarding no horn was developed during trial. They offered no reason why this new issue was not tendered at an earlier date. The trial court was faced with .the duty to conduct an orderly and expeditious jury trial. To have allowed the amendment would have required further pleadings by plaintiffs. Certainly the record would be reopened to take at least the testimony of Trask on this new issue. His testimony either on direct or cross-examination did not refer to this issue. “We do not find the trial court abused its discretion in not allowing the amendment. * * * ””
1 later decision quote this exact passagee.g. Mora v. Savereid
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.