Mims v. Coleman’s Empirical Analysis
1966
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently April 1998
10 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 Ray v. Simon · Gray Ex Rel. Gray v. Barnes · Caro. Aviation, Inc. v. Glens Falls Ins. Co. · Bolt v. GIBSON
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“That the collision and the resulting injuries were due to the negligence and recklessness of [the driver] ... is clear. But our scrutiny of the record reveals no evidence from which actionable negligence on the part of [the passenger] might reasonably be inferred. There was no evidence that he was driving the car or that he had or was exercising any control over its operation. There was no evidence of agency whereby he might be held responsible for [the driver’s] negligence under the doctrine of respondeat superior; nor does the complaint allege any such agency. There was no evidence to support the allegation that [the two] were engaged in a joint enterprise. On the contrary, the only reasonable inference from the evidence is that the mission on which the car was being used was that of [the driver] alone, and that [the defendant] was simply a guest passenger.”
1 later decision quote this exact passagee.g. Pruitt v. Bowers“An order granting a new trial on factual grounds is not appealable. But the question of existence or nonexistence of evidence is one of law; and to that extent such an order is subject to our review.... Our inquiry here must, therefore, be limited to the question of whether there was any evidence from which the jury might reasonably have inferred that respondent's injuries were proximately caused by negligence of the appellant. If that question is answered in the affirmative the appeal must be dismissed, for this court has no power to weigh conflicting evidence in a law case. But if there was no evidence of actionable negligence on the part of the appellant, there was no conflicting evidence to be weighed, and the order granting a new trial on the ground stated by the trial judge would be erroneous as a matter of law.”
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.