Schenck v. Thompson’s Empirical Analysis
1968
Citation profile
12 district · 24 state decisions
How this case has been cited
Cited by 36 later decisions — most recently January 1999 · most notably Brooks v. Dietz (1976), St. Clair v. Denny (1989)
12 district · 24 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 Kendrick v. Atchison, Topeka & Santa Fe Railroad · Jones v. McCullough · Lawrence v. Kansas Power & Light Co. · Missouri Pacific Railway Co. v. Columbia · Drake v. Moore
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.
““Ordinarily, the existence of contributory negligence is a question of fact, it being for the jury to determine from the circumstances of each particular case whether the conduct of a party was such as would be expected of a reasonably prudent person. In ascertaining whether as a matter of law a plaintiff is contributorily negligent, the evidence and all inferences that may reasonably be drawn therefrom must be accepted as true and considered in the light most favorable to the plaintiff; and if the facts be such that reasonable minds might reach different conclusions therefrom, the issue of contributory negligence must go to the jury.” (Syl. fl.)”
4 later decisions quote this exact passage · from the majority““ ‘An arterial highway is not deprived of its character or status because stop signs on an intersecting road are temporarily displaced or otherwise made invisible. “ ‘If a motorist knows of the through character of a highway, the presence or absence of warning signs is immaterial as respects his negligence in failing to yield the right-of-way.’ ” Schenck v. Thompson, 201 Kan. 608, 614 , 443 P.2d 298 (1968), quoting from Bell v. Crook, 168 Neb. 685 , Syl. ¶¶ 3, 4, 97 N.W.2d 352 (1959).”
1 later decision quote this exact passage · from the majority““Nor will the fact that a stop sign is not in proper position or sufficiently legible to an ordinarily observant person . . . cause the preferred highway to lose its status as such and relieve a motorist approaching and crossing such highway from exercising due care.” 204 Kan. at 614-15.”
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.