Smith v. Simpson’s Empirical Analysis
1963
Citation profile
51 state decisions
How this case has been cited
Cited by 54 later decisions — most recently September 2008 · most notably Anderson Ex Rel. Anderson v. Butler (1974), Moore v. Crumpton (1982)
51 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 General Insurance Company of America v. Faulkner · Tart v. Register · Stansel v. McIntyre · Linville v. . Nissen · Ewing v. Thompson
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The mere fact of the relationship does not render a parent liable for the torts of his child. Liability of the parent must be predicated upon evidence that the child was in some way acting in a representative capacity such as would make the master responsible for the servant's tort, or on the ground that the parent procured, commanded, advised, instigated or encouraged the commission of the tort by his child, or that the parent was independently negligent, as in permitting the child to have access to some dangerous instrumentality." 3 Strong: N.C. Index, Parent and Child, s. 7, p. 529; Insurance Co. v. Faulkner, 259 N.C. 317 , 130 S.E.2d 645 ; Langford v. Shu, 258 N.C. 135 , 128 S.E.2d 210 ; Griffin v. Pancoast, supra [ 257 N.C. 52 , 125 S.E.2d 310 ]; Lane v. Chatham, 251 N.C. 400 , 111 S.E.2d 598 ; Hawes v. Haynes, 219 N.C. 535 , 14 S.E.2d 503 ; Bowen v. Mewborn, 218 N.C. 423, 11 S.E.2d 372....”
2 later decisions quote this exact passage““(1) [T]he operator was a member of the family or household of the owner or person with control and was living in such person’s home; (2) that the vehicle was owned, provided and maintained for the general use, pleasure and convenience of the family; and (3) that the vehicle was being so used with the express or implied consent of the owner or person in control at the time of the accident.””
2 later decisions quote this exact passage“Mr. Simpson did not pay one cent of the purchase and maintenance of the car. What he provided was credit. . . . Mr. Simpson did not provide the automobile. His part in the transaction was only incidental and secondary. His acts amounted to an accommodation, an extension of credit. . . .”
1 later decision quote this exact passagee.g. Taylor v. Brinkman
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.