Boykin v. Bennett’s Empirical Analysis
1961
Citation profile
48 state decisions
How this case has been cited
Cited by 56 later decisions — most recently September 2018 · most notably Juhl v. Airington (1997), 88 N.C. App. 484 - Blow v. Shaughnessy (1988)
48 state decisions — followed in 11 states
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 Skipper v. Cheatham · Carney v. Dewees · Brown v. Thayer · Deck v. Sherlock · United Railways & Electric Co. v. Perkins
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For harm resulting to a third person from the tortious conduct of another, a person is liable if he: ****** (b) knows that the other’s conduct constitutes a breach of duty and gives substantial assistance or encouragement to the other so to conduct himself.”
4 later decisions quote this exact passage“All who wilfully participate in speed competition between motor vehicles on a public highway are jointly and concurrently negligent and, if damage to one not involved in the race proximately results from it, all participants are liable, regardless of which of the racing cars actually inflicts the injury, and regardless of the fact that the injured person was a passenger in one of the racing vehicles. Of course, if the injured passenger had knowledge of the race and acquiesced in it, he cannot recover.”
3 later decisions quote this exact passage““ ‘a person is liable if he * * * (b) knows that the other’s conduct constitutes a breach of duty and gives substantial assistance or encouragement to the other so to conduct himself.’ Restatement, 4 Torts, § 876. ‘If the encouragement or assistance is a substantial factor in causing the resulting tort, the one giving it is himself a tort-feasor and is responsible for the consequences of the other’s act.’ Id., comment on clause (b).””
3 later decisions 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.