Coca Cola Bottling Co. of Black Hills v. Hubbard’s Empirical Analysis
203 F.2d 859 · 1953
Citation profile
122 federal appellate · 1 district · 8 state decisions
How this case has been cited
Cited by 137 later decisions — most recently June 2015 · most notably Rakovich v. Wade (1988), Gorsalitz v. Olin Mathieson Chemical Corp. (1970)
122 federal appellate · 1 district · 8 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 Palmer v. Hoffman · Gunning v. Cooley · Slocum v. New York Life Insurance · Russell v. Turner
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 137 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'[t]his Court must ascertain for itself what the applicable law is,'”
16 later decisions quote this exact passage · from the majority““In considering the question of the sufficiency of the evidence to support the verdict, there are several general rules to be kept in mind. (1) All of the facts which the plaintiff’s evidence reasonably tends to prove must be assumed to have been established, and all inferences fairly deducible from such facts much be drawn in his favor. * * * (2) It is only where the evidence is all on one side or so overwhelmingly on one side as to leave no doubt what the fact is that the court should direct a verdict. * * * (3) The question of negligence is usually one of fact for the jury, and it is only where the evidence, even though it be uncontradicted, is such that all reasonable men must draw the same conclusion from it that the question of negligence becomes one of law for the court. * * * (4) Where inconsistent inferences reasonably may be drawn from the evidence, it is for the jury to determine which of the inferences shall be drawn. * * (5) When the sufficiency of the evidence to make a case for the jury presents a doubtful question of local law, this Court will accept the views of the trial court unless convinced of error. * * * (6) The burden of demonstrating error is upon the appellant. * * * ””
2 later decisions quote this exact passage · from the majority“"It is well settled that where children are known or may reasonably be expected to be in the vicinity of a parked automobile or truck a degree of vigilance commensurate with the greater hazard thereby created is required of the driver of the automobile or truck to measure up to the standard which the law regards as ordinary care" (citing cases) (Italics mine). Again: "Whether such a driver has measured up to this standard is, of course, a fact question for the jury * * *." (citing cases). "Here, if the jury chose to believe that Aldridge [driver] was aware of the presence of Janis at the time he was making his deliveries, then such knowledge on his part would support a finding that his failure to walk to the front of the truck to ascertain whether she was still there as he prepared to leave constituted negligence" (Italics mine).”
1 later decision quote this exact passage · from the majoritye.g. Williams v. Jordan
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.