Hale v. . Hale’s Empirical Analysis
1941
Citation profile
3 federal appellate · 24 state decisions
How this case has been cited
Cited by 29 later decisions — most recently January 1964 · most notably Harper v. . Harper and Wickham v. . Harper (1945), Lowe's North Wilkesboro Hardware, Inc. v. Fidelity Mutual Life Insurance (1963)
3 federal appellate · 24 state decisions — followed in 10 states
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.
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The motorist who transports for pay or some other direct benefit is accountable as at common law, while the `host' who transports his `guest without payment for such transportation' is liable only for injuries caused by his gross negligence or willful or wanton misconduct. The passenger is `a guest without payment for such transportation' when there is no contractual relationship between the parties under which the passenger was obligated to pay for the transportation and there are no sufficient facts to show that the transportation was contractually for the mutual benefit of both the passenger and the operator. Master v. Horowitz , 262 N.Y. 609 , 188 N.E. 86 , 95 A.L.R. 1182 . It does not include persons who are being transported for the mutual benefit of both the passenger and the operator or owner of the car. However, the extent and nature of the reciprocal advantages which will exclude the passenger are not unlimited but are confined to certain definite relations, such as Master and Servant, and to tangible benefits accruing from the transportation — as in saving time for which he, as master, pays — facilitation of a servant's work, or the like. Kruy v. Smith , 144 A. 304 ; Sullivan v. Richardson , 6 Pac.2d 567 ; Crawford v. Fosier , 293 P. 841 (Cal.); Master v. Horowitz, supra; Chaplowe v. Powsner , 175 A. 470 (Conn.), 95 A.L.R. 1177 .”
1 later decision quote this exact passagee.g. Morse v. . Walker“gross negligence or willful and wanton disregard of the safety”
1 later decision quote this exact passagee.g. Morse v. . Walker
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.