Roellig v. Gear’s Empirical Analysis

Citation profile

11 state decisions

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It may be stated further that the general rule that the first entering the intersection has the right .of way has some limitations. It does not justify one first reaching an intersection in going ahead when it is reasonably apparent that a collision will result from so doing. When each driver approaches an intersection with his car in control as it should be, and as it will be if he obeys the statutory provisions, the one who by clear margin enters the intersection first may under the rule requested rightly proceed, as he may then reasonably anticipate that the other will allow him to pass ahead. But if the other vehicle is so close or coming at such dangerous speed that a collision is apparently likely to occur if he proceeds, he must then yield.or so keep control of his car as to be able to avoid interference.””

   1 later decision quote this exact passage
   e.g. Schmallenberg v. Smith

2. ““Consequently, if the driver to the left approaches or enters the intersection first he is entitled to the right of way.””

   1 later decision quote this exact passage
   e.g. Schmallenberg v. Smith