Bailey v. Brown’s Empirical Analysis
1973
Citation profile
10 state decisions
How this case has been cited
Cited by 12 later decisions — most recently October 2006
10 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 149 Ohio St. 520 - Tighe v. Diamond · 130 Ohio St. 567 - Universal Concrete Pipe Co. v. Bassett
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘Wilful misconduct’ is something more than negligence. ‘Wilful misconduct’ imports a more positive mental condition prompting an act than does the term ‘wanton misconduct.’ ‘Wilful misconduct’ implies an intentional deviation from a clear duty or from a definite rule of conduct, a deliberate purpose not to discharge some duty necessary to safety, or purposely doing wrongful acts with knowledge or appreciation of the likelihood of resulting injury. [Citations omitted.] The word, ‘wilful,’ used in the phrase, ‘wilful misconduct,’ implies intent, but the intention relates to the misconduct and not merely to the fact that some specific act, such as operating an automobile, was intentionally done. [Citations omitted.] The intention relates to the commission of wrongful conduct, independent of the intent to use certain means with which to carry out such conduct. “In order that one may be guilty of ‘wilful misconduct,’ an actual intention to injure need not be shown. [Citations omitted.] ‘Wilful misconduct’ includes a wilful tort, or an intent to injure, but an intent to injure is not a necessary element. ‘Wilful misconduct’ on the part of a motorist, within the contemplation of guest statutes similar to the Ohio guest statute, is either the doing of an act with specific intent to injure his passenger, or, with full knowledge of existing conditions, the intentional execution of a wrongful course of conduct which he knows should not be carried out or the intentional failure to do s”
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.