236 Mo. App. 266 - Bauer v. Wood’s Empirical Analysis
1941
Citation profile
35 state decisions
How this case has been cited
Cited by 35 later decisions — most recently November 1972 · most notably Wood v. St. Louis Public Service Co. (1952), Vaeth Ex Rel. Vaeth v. Gegg (1972)
35 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 McGowan v. Wells · Hardin v. Ill. Central Railroad Co. · Elder, Dempster & Co. v. Weld-Neville Cotton Co. · Mann v. Pulliam · Harper v. St. Louis Merchants Bridge Terminal 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The mere fact of the Wood automobile colliding with the Bauer automobile is not of itself any proof whatever of omission of duty on defendant's part to prevent the collision after discovering plaintiff in a position of peril. The question of whether or not defendant was negligent does not depend upon a consideration after the accident has occurred of what might have been done to avoid the accident, but it depends upon what, under the then present circumstances before the accident, could reasonably have been anticipated by the defendant and provided against. * * * It is incumbent upon plaintiff to place before the jury facts from which the jury could reasonably and intelligently conclude that defendant was negligent in failing or omitting to act at a time when he could have acted to avoid the collision.”
1 later decision quote this exact passagee.g. Kelly v. Lahey
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.