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← 305 SW2D 650 - Sinclair Refining Co. v. Chandler

Sinclair Refining Co. v. Chandler’s Empirical Analysis

1957

Citation profile

2
cited by 2 later decisions
1
states following
August 1965
most recently cited

2 state decisions

Relationships

Relies on Le Master v. Fort Worth Transit Co. · Hopson v. Gulf Oil Corp. · Horton v. House · Sutherland v. Cotter · Wichita Valley Ry. Co. v. Durrett

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

  1. ““ * * * In their brief the appellants state: ‘ * * * this aged man’s own admission that he was following a truck from two to three car lengths behind it dictates that such action must be held to be the sole cause of collision. It, of course, is settled law in this state that “sole cause” on the part of the plaintiff is an issue to be considered on a plea of privilege hearing even though contributory negligence on his part is not.’ and cite Horton & Horton v. House, Tex.Com.App., 29 S.W.2d 984 ; Page v. Paterson, Tex.Civ.App., 180 S.W.2d 660 ; Sutherland v. Cotter, Tex.Civ.App., 226 S.W.2d 476 , in support of their position. * * * * * * “The test as to whether or not Mr. Chandler’s action as shown by the evidence was the sole proximate cause of the collision and the resulting injuries and damages he and his wife sustained is to examine the pleadings and evidence to determine if there is evidence to support one or more of the acts of negligence and proximate cause alleged against the truck driver and impliedly found by the trial judge. Such procedure has been approved by the Supreme Court in refusing writ of error in Wichita Valley Ry. Co. v. Durrett, Tex.Civ.App., 174 S.W.2d 329, 331 . The rule is stated as follows: ‘Defendant contends that the undisputed evidence shows, as a matter of law, that the negligence of the driver of the automobile was the sole proximate cause of the collision. The jury found to the contrary. While there can be little doubt, if any, that the negligen”
    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.