Van Brunt v. Jackson’s Empirical Analysis
1973
Citation profile
6 district · 29 state decisions
How this case has been cited
Cited by 35 later decisions — most recently September 2009 · most notably Kleibrink v. Missouri-Kansas-Texas Railroad Co. (1978), Vorhees v. Baltazar (2007)
6 district · 29 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 Commercial Credit Corporation v. Harris · Corbin v. Moser · Guerrero v. Capitol Federal Savings & Loan Ass'n · Marr v. Geiger Ready-Mix Co. · Wycoff v. Board of County Commissioners
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The city and the Department of Transportation have made a motion to this Court for a directed verdict. The city and department state that there is no evidence presented to indicate that either the city or the department were at fault in the injuries sustained by Mr. Baker. " Van Brunt Executrix versus Jackson, 212 Kansas 69 or excuse me 621, 1973 case, states that when such a motion is made `the issue is whether the plaintiff has made a prima facie case. "Prima facie" denotes evidence which, if unexplained or uncontradicted, is sufficient in a jury case to carry the case to the jury and to sustain a verdict in favor of the issue upon which it supports, but which may be contradicted by other evidence....' "As such the question becomes whether or not the plaintiff has made a prima facie case as to the `actionable negligence' of the defendants. `Actionable negligence' is the lack of care which caused or contributed to the event which brought about the injury or damage for which claim is made. "With these considerations in mind, the evidence presented must be examined. "At this point in time revol- resolving all fact questions in the favor of the plaintiff, the plaintiff has presented at least a prima facie case as to the following: number one, the city did not exercise ordinary care in the signalization of the intersection; number two, the driver of the cattle truck, Mr. Tyson, did run a red light at that intersection; number three, Mr. Baker was severely injured and stil”
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.