Porter v. Black’s Empirical Analysis
1980
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently April 2023 · most notably Holden v. Urban (1987), Cerny v. Cedar Bluffs Junior/Senior Public School (2001)
28 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 Davis v. Dennert · Bowers v. Kugler · Guynan v. Olson · Fincham Ex Rel. Fincham v. Mueller · Wolcott v. Royal Drake
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The burden of proving negligence is on the party alleging it and merely establishing that an accident happened does not prove it. . . . ‘Negligence must be proved by direct evidence or by facts from which such negligence can be reasonably inferred. In the absence of such proof, negligence cannot be presumed.’ ””
3 later decisions quote this exact passage“This leaves the remaining allegation that Black negligently lost control of his car. That it did skid and strike the guardrail is admitted. Even if Black’s explanation be disregarded, we are left with the lone evidentiary fact that the car did skid on a somewhat slick highway. Is that alone sufficient to support an inference that the skid was negligently caused, i.e., that Black did something or failed to do something in the management of his car which he ought, in the exercise of reasonable care, to have done? This and many other courts have held that the mere skidding of an automobile without more does not prove negligence. Oakes v. Gregory, 133 Neb. 407 , 275 N.W. 607 ; Davis v. Landis Outboard Motor Co., 179 Neb. 391 , 138 N.W.2d 474 ; Fincham v. Mueller, supra; Svercl v. Jamison, 252 Minn. 8 , 88 N.W.2d 839 ; Oldendorf v. Eide, 260 Minn. 458 , 110 N.W.2d 310 . This appears to be the majority rule. 58 A.L.R. 266 et seq.; 113 A.L.R. 1014 .”
1 later decision quote this exact passagee.g. MacFie v. Kaminski
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.