Dilallo v. Lynch’s Empirical Analysis
1936
Citation profile
48 state decisions
How this case has been cited
Cited by 48 later decisions — most recently February 2013 · most notably Smithers v. Barker (1937), Long v. Mild (1941)
48 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 Borgstede v. Waldbauer · Elkin v. St. Louis Public Service Co. · Doherty Ex Rel. Doherty v. St. Louis Butter Co. · Newbill v. Union Indemnity Co. · Phillips v. Henson
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If a humanitarian, defense instruction is to have recognition in the practice, then when a cause is submitted under primary negligence and the humanitarian rule, such instruction should in order to avoid confusion and conflict, contain the sole cause provision and what we may term a not due to the negligence of the defendant provision as in the Doherty case, and also a plain direction that contributory negligence is not to be considered in determining recovery under the humanitarian rule. In cases where a guest sues to recover for injuries sustained in a collision of automobiles and where defendant makes the defense that the cause of the collision was due solely to the negligence of a third party, the sole cause instruction of the defendant must `clearly advise the jury that the negligence, if any, of the third party cannot be imputed to the plaintiff.'”
3 later decisions quote this exact passage“And, you are further instructed, this is so, even though you should find and believe from the evidence, that plaintiff did not exercise due care for his own safety, and was, or was not, then and there drunk and negligent, in getting himself into the aforesaid position of imminent peril, if any, at said time and place.”
2 later decisions quote this exact passage“did not know, or by the exercise of the highest degree of care could not have known, that deceased was about to walk into the side of said automobile . . . or was in a position of imminent peril, in time thereafter, by the exercise of the highest degree of care, to have stopped, slackened the speed, swerved said automobile, or given warning of the approach so as to have prevented said injury.”
1 later decision quote this exact passagee.g. McGrath v. Meyers
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.