Bailey v. Pennington’s Empirical Analysis

Citation profile

7 federal appellate · 2 state decisions

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Guest passenger, defined; claim for damages; rights. The owner or operator of a motor vehicle shall not be liable for any damages to any passenger or person riding in such motor vehicle as a guest or by invitation and not for hire, unless such damage is caused by the driver of such motor vehicle being under the influence of intoxicating liquor or because of the gross negligence of the owner or operator in the operation of such motor vehicle. For the purpose of this section, the term guest is hereby defined as being a person who accepts a ride in any motor vehicle without giving compensation therefor, but shall not be construed to apply to or include any such passenger in a motor vehicle being demonstrated to such passenger as a prospective purchaser.””

   1 later decision quote this exact passage · from the majority
   e.g. Carman v. Harrison

2. “Admittedly, a passenger in an automobile is under a duty to warn the driver of any perceived danger and he may be found guilty of contributory negligence, as a matter of law, for his failure to do so. * * * However, whether or not the warning which had been given here was timely and adequate was clearly a jury question. * * * The trial court erred in holding that the plaintiff was guilty of contributory negligence as a matter of law.”

   1 later decision quote this exact passage · from the majority
   e.g. Chicago, Burlington & Quincy Railroad v. Beninger