David Bilgore & Co. v. Ryder’s Empirical Analysis
211 F.2d 855 · 1954
Citation profile
6 federal appellate · 3 state decisions
Relationships
Relies on Atlantic Coast Line R. Co. v. Pidd · Good Holding Co. v. Boswell · United States v. Uarte · Winn v. Consolidated Coach Corp. · Melville v. Maryland ex rel. Morris
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In our case of Atlantic Greyhound Corp. v. Crenshaw [5 Cir., 99 F.2d 449 ], however, the court cautioned against the reception of the evidence of one who merely saw the vehicle pass when so far from the point of the accident that it could not be presumed that its then speed continued down to the accident. That is the situation here. “The proposed witnesses gave the speed of plaintiff’s car when it passed them about % of a mile before the accident, but there is no evidence that they continued to observe it after it passed them. The terrain in that vicinity is ‘rolling’ and the road passes over a series of small hills which obscure vision from time to time. There is positive evidence that these witnesses did not see the collision, and consequently did not know the speed of plaintiff’s car at that time, although they did identify plaintiff’s car as the one which passed them back down the road. In these circumstances, with the rolling terrain, there is no persuasive presumption that plaintiff’s car maintained the speed at which the proposed witnesses said it was traveling when it passed them % of a mile back down the road. “Moreover, the proposed witnesses described the car that passed them as ‘a yellowish green car.’ All the other testimony, including the photographs in evidence, shows plaintiff’s car to have a white or cream colored body, and a black metal top. When all these matters are considered, we find no abuse of discretion in rejecting the proffered evidence.””
2 later decisions 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.