Lewis v. Ebersole’s Empirical Analysis
1943
Citation profile
37 state decisions
How this case has been cited
Cited by 38 later decisions — most recently December 2006 · most notably McAshan v. Cavitt (1950), Colgin v. Security Storage & Van Co. (1945)
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 Southern Railway Co. v. Prescott · Osborn v. Cline · Ridgely Operating Co. v. White · Thompson v. Mobile Light & R. · Davis & Son v. Hurt
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In order to constitute a bailment the bailee must have voluntarily assumed the custody and possession of the property for another. Ridgely Operating Co. v. White, 227 Ala. 459 , 150 So. 693 . If this is not done, the relation here material was either that of a license or a lease. If there was only permission given, though for a reward, to park at any convenient place on the lot, without any assumption of dominion over the property or custody of it in any respect, it was a license. If a designated place on the lot was assigned to the car owner for his exclusive use and no other, without any assumption of dominion or custody of the car, the status was that of a lease. Usually the circumstances of each case control in determining what the status is in this respect, rather than an express agreement so designating it. There have been many cases on the subject, and they have been thus classified in 131 A.L.R. 1176 et seq.: (a) ‘Where attendants collect fees, merely designate place to park, driver retaining control of car, locking it or not as he wishes.’ (b) ‘Where attendants collect fees, assume control of' cars, sometimes parking them, moving them about where keys are left at request, and tickets are issued as means of identifying cars upon redelivery.’ (c) Parking lots whose status is controlled by circumstances partly of one sort and partly of another dependent upon the nature of those circumstances. “The status described in (a), supra, has generally been held to create a lice”
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.