Kopitzki v. Boyd’s Empirical Analysis
1976
Citation profile
4 district · 16 state decisions
How this case has been cited
Cited by 20 later decisions — most recently August 2007
4 district · 16 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 Harper v. Higgs · Greenfeld v. Hook · Sun Cab Company, Inc. v. Cusick · Belle Isle Cab Co. v. Pruitt · Shedlock v. Marshall
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.
““Ordinarily, in most boulevard cases, it is not material what the favored driver was doing. The accident would never have happened if the unfavored vehicle had yielded right of way, and the conduct of the unfavored driver is the sole proximate cause of the accident. But if it can be shown that the favored driver could have avoided the accident if he had been operating lawfully and with due care, then the negligence of the favored driver should be an issue for the jury.””
4 later decisions quote this exact passage · from the majoritye.g. Mallard v. Earl · Dennard v. Green“[T]he driver of the taxicab had the right to assume that [an unfavored driver] would stop and yield the right of way to him____ Even though the cab may have been travelling at a rapid rate of speed, it was the gross negligence of [the unfavored driver], and not the cab’s rate of speed, that was the proximate cause of the accident. It would be mere conjecture to say that the cab might not have been struck if its rate of speed had been different.”
2 later decisions quote this exact passage · from the dissent““[I]f an unfavored driver is involved in an accident with a favored vehicle under circumstances where the boulevard law is applicable then in a suit based on that collision the unfavored driver is deemed to be negligent as a matter of law. [Thus], if the unfavored driver is a plaintiff, his suit is defeated [as a matter of law] unless the doctrine of last clear chance rescues his claim. [On the other hand], if the unfavored driver is a defendant [and the favored driver is the plaintiff (the present case), then the unfavored driver] is liable [, again as a matter of law,] except in the rare case when the issue of contributory negligence on the part of the favored driver is properly submitted to a jury [or is determined to be present as a matter of law]....” (Citations omitted and emphasis added.)”
1 later decision quote this exact passage · from the dissente.g. Schwier v. Gray
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.