Rossman v. La Grega’s Empirical Analysis
1971
Citation profile
12 federal appellate · 5 state decisions
How this case has been cited
Cited by 17 later decisions — most recently April 2018
12 federal appellate · 5 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 Wagner v. International Railway Co. · Eckert v. . the Long Island Railroad Co. · Claim of Waters v. William J. Taylor Co. · Sackheim v. . Pigueron · Tedla v. Ellman
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If one puts himself in [decedent’s] situation after [the] flat tire, it will be seen that his choice of action was extremely limited. He was not then a man who had a choice of sitting safely in his living room or going out in the street into traffic danger. He was in a situation of acute danger no matter what he did unless he walked well away from the car and got off the road. If he sat in the car he would have been in danger; if he stood in back of it without a flashlight *** he would have been in danger. Had he walked 30 or 40 feet back and attempted to wave off traffic, as people are frequently seen to do along expressways, he would also have been in danger without a flashlight. It did not necessarily add much to the peril by standing as [the driver] told him to do, near the left door of the car and waving down traffic. * * * It is not easy to say just what would be the right thing to do to help guard against danger caused by the stalled car. It is not a situation open to dogmatic answers after the event. It is, at least, reasonably arguable; and if it is arguable it ought not be held as a matter of law that the [decedent] was negligent ***.” Rossman, 28 N.Y.2d at 308-09 , 321 N.Y.S.2d at 595 .”
2 later decisions quote this exact passage“in all negligence actions ... the defendant claiming contributory negligence of the plaintiff has the burden of showing it”
1 later decision quote this exact passage“we ought not extend the perimeters of this unsatisfactory doctrine (contributory negligence) wider than we need to”
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.