Clark v. Bodycombe’s Empirical Analysis
1976
Citation profile
95 state decisions
How this case has been cited
Cited by 95 later decisions — most recently March 2018 · most notably Rappaport v. Days Inn of America, Inc. (1979), Norwood v. Sherwin-Williams Co. (1981)
95 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 Cutts v. Casey · Summey v. Cauthen · Bowen v. Gardner · Lewis v. . Watson · Bowen v. CONSTRUCTORS EQUIPMENT RENTAL COMPANY
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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] directed verdict [or a JNOV] for [the moving party] on the ground of contributory negligence may only be granted when the evidence taken in the light most favorable to [the non-moving party] establishes the [non-moving party's] negligence so clearly that no other reasonable inference or conclusion may be drawn therefrom.”
12 later decisions quote this exact passage“[T]he only evidence at all that could be showing any negligence would be that [Mr. Hawley] was operating [his truck] too slow [sic] to ... “impede the normal and reasonable movement” of traffic .. . all the evidence tends to show that the defendant, Cash, was operating the tractor-trailer and struck Mr. Hawley square in the . . . back of the pickup truck. That there were no skid marks. There was no evidence of any movement of the tractor-trailer to avoid the [] striking of the pickup truck. There is evidence that tends to show that Mr. Cash didn’t see the pickup truck before the impact. . . The Court finds that Mr. Hawley has testified . . . that he was proceeding fifty (50) to fifty-five (55) at the time of the collision. There is evidence that tends to show that the . . . State trooper, who is an experienced law enforcement officer involved in investigating accidents . . . estimated that Mr. Hawley was going about fifty (50) miles per hour . . . The Court does find as a fact that from all of the evidence that even if Mr. Hawley was going forty (40) to forty-five (45) miles per hour when it [sic] was not any minimum speed, that the Court finds that this would not have impeded the normal and reasonable movement of the traffic of someone keeping a proper lookout, and keeping their vehicle . . . under control, and not ramming someone in the back. And the Court does find as a fact that taking all of the evidence in the light most favorable to the defendant in this case, that eve”
2 later decisions quote this exact passage“(d) . . . Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the extreme left of the roadway or its shoulder facing traffic which may approach from the opposite direction. Such pedestrian shall yield the right-of-way to approaching traffic. (e) Notwithstanding the provisions of this section, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.”
2 later decisions 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.