Smith v. Borchers’s Empirical Analysis
1962
Citation profile
97 state decisions
How this case has been cited
Cited by 99 later decisions — most recently May 2015 · most notably Jones v. Continental Casualty Co. of Chicago, Ill. (1964), Theunissen v. Guidry (1963)
97 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 Randall v. Baton Rouge Bus Company · McCandless v. Southern Bell Telephone & Telegraph Co. · Wilson v. Williams · 73 So. 2d 616 - Sullivan v. Locke · 120 So. 2d 372 - Allen v. State Farm Mutual Automobile Insurance 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 99 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Those in charge of and operating motor cars and engines are charged with a duty to look and observe, which never ceases; that what they can see they must see, and in legal contemplation they do see; that their failure to see what they could have seen by the exercise of due diligence does not absolve them from liability. McCandless v. Southern Bell Telephone & Tel. Co., 239 La. 983 , 120 So.2d 501 ; Angeron v. Guzzino, La.App., 140 So.2d 669 ; Sullivan v. Locke, La. App., 73 So.2d 616 . Even when one has the right of way he is not relieved from the necessity of looking into the direction from which others may be expected to come, and where such care would have prevented the accident, he who fails to look or to keep a proper lookout cannot recover, even though the other party was grossly at fault. Martin v. Adams, La. App., 88 So.2d 476 ."”
2 later decisions quote this exact passage“* * * Even when one has the right of way he is not relieved from the necessity of looking into the direction from which others may be expected to come, and where such care would have prevented the accident, he who fails to look or to keep a proper lookout cannot recover, even though the other party was grossly at fault.”
2 later decisions quote this exact passage“"In this connection the law is well settled that the defendant carries the burden of proving all facts necessary to establish the contributory negligence of the plaintiff. Smith v. Borchers, 243 La. 746 , 146 So.2d 793 (1962); McCandless v. Southern Bell Telephone & Tel. Co., 239 La. 983 , 120 So.2d 501 (1960), McClenaghan v. United States Fidelity & Guaranty Co., 79 So.2d 373 (La.App. 1955)." (Emphasis supplied.)”
1 later decision quote this exact passage
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.