Smith v. Cullen’s Empirical Analysis
1959
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently August 2002
20 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 Cobb v. Malone · Gulf, M. O. R. Co. v. Sims · Montgomery City Lines, Inc. v. Davis · English v. Jacobs · Aircraft Sales & Service, Inc. v. Gantt
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'* * * The rate of speed alone does not constitute willful or wanton negligence. Northern Alabama R. Co. v. McGough , 209 Ala. 435 , 96 So. 569 [(1923)]. There must exist the other necessary elements of such culpable act or the failure to act, in such circumstances of time, place and knowledge on the part of defendant of the peril that imposed the duty to act or refrain from acting to cause the injury.' Callaway v. Griffin , 245 Ala. 598 , 602 , 18 So.2d 547 , 549 [(1944)].”
2 later decisions quote this exact passage“`the actor's knowledge may be proved by showing circumstances from which the fact of knowledge is a reasonable inference; it need not be proved by direct evidence.'”
2 later decisions quote this exact passage““ * * * Wantonness is a conscious doing of some act or omission of some duty under knowledge of existing conditions and conscious that from the doing of such act or omission of such duty injury will likely or probably result.” 116 So.2d at 585 .”
1 later decision quote this exact passagee.g. Thompson v. State
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.