Garmon v. Thomas’s Empirical Analysis
1955
Citation profile
55 state decisions
How this case has been cited
Cited by 57 later decisions — most recently June 2001 · most notably Bowen v. Gardner (1969), Dendy v. Watkins (1975)
55 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 Lewis v. . Watson · Tysinger v. Coble Dairy Products · Godwin v. Atlantic Coast Line Railroad · Hampton v. . Hawkins · Citizens National Bank v. Phillips
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Conceding, however, that the defendant should have seen the plaintiff and given him warning of his approach, the plaintiff was at all times under the duty to see the defendant and to yield the right of way to him. In our opinion, both parties were negligent. The defendant was negligent in failing to exercise due care to avoid colliding with the plaintiff on the highway, . . . and the plaintiff was negligent in failing to exercise reasonable care for his own safety in that he failed to keep a timely lookout to see what he should have seen and could have seen if he had looked. . . . The facts compel the view that the defendant’s truck was near the plaintiff and plainly visible to him if he had looked at the time he walked into its path. ‘There are none so blind as those who have eyes and will not see’.””
2 later decisions quote this exact passagee.g. Ragland v. Moore · Blake v. Mallard““The burden of showing contributory negligence is on the defendant and a motion for judgment as of nonsuit will not be allowed if the controlling and pertinent facts are in dispute, nor where opposing inferences are permissible from plaintiff’s proof. (Citing cases.) But the plaintiff may relieve the defendant of the burden of showing contributory negligence when it appears from his own evidence that he was contributorily negligent.” Garmon v. Thomas, 241 N.C. 412 , 85 S.E. 2d 589 .”
1 later decision quote this exact passagee.g. Price v. Miller““Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked cross walk at an intersection shall yield the right-of-way to all vehicles upon the roadway.””
1 later decision quote this exact passagee.g. Anderson v. Carter
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.