Schmidt v. Windish’s Empirical Analysis
1957
Citation profile
11 state decisions
Relationships
Relies on Lewis Ex Rel. Piening v. Zagata · Mueller v. Schien · Cornwell v. Highway Motor Freight Line, Inc. · Burdoin v. Town of Trenton · State Ex Rel. Kansas City Public Service Co. v. Bland
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Your verdict must be for the defendant whether or not defendant was negligent if you believe: First, plaintiff knew or by the exercise of the highest degree of care could have known that there was a reasonable likelihood of collision in time thereafter to have swerved, but plaintiff failed to do so, and Second, plaintiff’s conduct in the respects submitted in Paragraph First, was negligent, and Third, such negligence of plaintiff directly caused or directly contributed to cause any damage plaintiff may have sustained.”
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.