Kemp v. Jackson’s Empirical Analysis
1962
Citation profile
2 federal appellate · 30 state decisions
How this case has been cited
Cited by 38 later decisions — most recently November 2003 · most notably 601 So. 2d 957 - McClendon v. Mountain Top Flea Market (1992), Caterpillar Tractor Co. v. Ford (1981)
2 federal appellate · 30 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 Morgan Hill Paving Co. v. Fonville · Sullivan v. Alabama Power Co. · MacKintosh Co. v. Wells · McGeever v. O'Byrne · Louisville N. R. Co. v. Parker
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.
““ * * * if the trip is for any benefit to the driver, conferred or anticipated, it is sufficient to take the case out of the guest statute, but a mere incidental benefit to the driver is not sufficient. The benefit to the driver must in some way have induced the driver to extend the offer to the rider, and the benefit must be material and tangible and must flow from the transportation provided.”-From Kemp v. Jackson, 274 Ala. 29 , 145 So.2d 187 .”
1 later decision quote this exact passagee.g. Harrison v. McCleary“[The doctrine] can apply only where a person may reasonably elect whether or not he shall expose himself to a particular danger; and it has no application where a continued exposure to risk is due to a lack of reasonable opportunity to escape after the danger is appreciated, or is the result of influence, circumstances, or surroundings which are a real inducement to continue.”
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.