Walker v. Loop Fish & Oyster Co.’s Empirical Analysis
211 F.2d 777 · 1954
Citation profile
9 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 17 later decisions — most recently August 2017
9 federal appellate · 1 district · 3 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 Miller v. Union Pacific R. · Seaboard Air Line Railway Co. v. Watson · J. G. Christopher Co. v. Russell · G. Ferlita & Sons, Inc. v. Beck · Knudsen v. Hanlon
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"We agree with the district judge that these passengers failed to exercise a reasonable degree of care for their own safety, and thus were themselves guilty of negligence which precludes recovery. Although the automobile was proceeding through an extraordinarily heavy fog at 25 to 35 miles per hour, or 36 to 51 feet per second, before dawn, with visibility limited to about 10 feet, and had been so driven for several miles, and although it was obvious to them that Walker was driving in a highly dangerous manner, not one of these guests testified that he or she remonstrated or admonished him to reduce his speed. On the contrary, all of them apparently acquiesced in his recklessness, trusting, as the district judge said, that luck would see them through. * * *" Walker v. Loop Fish & Oyster Co., supra, at page 780.”
1 later decision quote this exact passage · from the majority““The Florida Supreme Court holds that it is the duty of a motor vehicle driver at all times, day or night, to operate it so that he can stop or control it within the range of his vision [citing several Florida cases]. Plaintiff, Walker, the driver, was clearly guilty of negligence in this respect, which would preclude recovery by him. In Florida, the comparative negligence rule does not apply in this type of case. Contributory negligence on the part of the plaintiff precludes recovery, as at common law.””
1 later decision quote this exact passage · from the majority““The trial court further, notified plaintiffs in the non-jury cases (appellants here) that they could fully”
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.