Rollison v. Hicks’s Empirical Analysis
1951
Citation profile
6 federal appellate · 37 state decisions
How this case has been cited
Cited by 43 later decisions — most recently August 1997 · most notably Carver v. Carver (1984), Sowers v. Marley (1952)
6 federal appellate · 37 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 Bundy v. . Powell · Hampton v. . Hawkins · Perry v. McLaughlin · Atkins v. White Transportation Co. · Atkins v. . Transportation Co.
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘The doctrine of imputed negligence has no application, however, to actions brought by the master against the servant to recover for injuries suffered by the former as a result of the latter’s actionable negligence. * * * ‘* * * But it would offend justice and right to impute the negligence of a servant to his master and thus exempt him from the consequences of his own wrong-doing where the negligence proximately causes injury to a master who is without personal fault.’ According to the agreed facts ‘plaintiff was not present at the time of the said collision.’ There is no waiver or estoppel on his part in the instant case. He was not in the automobile at the time of the collision, and that is another reason why his wife’s negligence cannot be imputed to him. 65 C.J.S., Negligence, § 168, (f).”
2 later decisions quote this exact passagee.g. Carver v. Carver · Foster v. Foster“The test for determining whether the question of contributory negligence is one of law for the court or one of fact for the jury is restated in the recent case of Bundy v. Powell, 229 N.C. 707 , 51 S.E.2d 307, 309 , where this is said: `Contributory negligence is an affirmative defense which the defendant must plead and prove. G.S. § 1-139. * * * A judgment of involuntary nonsuit can not be rendered on the theory that the plea of contributory negligence has been established by the plaintiff's evidence unless the testimony tending to prove contributory negligence is so clear that no other conclusion can be reasonably drawn therefrom. * * * If the controlling or pertinent facts are in dispute, or more than one inference may reasonably be drawn from the evidence, the question of contributory negligence must be submitted to the jury.'”
1 later decision quote this exact passagee.g. Morgan v. Cook““1. The master is liable to a third person for an injury caused by the actionable negligence of his servant acting within the scope of his employment. (Authorities cited.) “2. The master is barred from recovery from a negligent third person by the contributory negligence of his servant acting within the scope of his employment. (Authorities cited.)” (Italics supplied.) Rollison v. Hicks, 233 N.C. 99 , 63 S.E. 2d 190 .”
1 later decision quote this exact passagee.g. Dosher v. Hunt
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.