Eastman v. Brackman’s Empirical Analysis
1961
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently July 2023
6 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 Dickerson v. St. Louis Public Service Company · McGuire v. Steel Transportation Co. · Brinkley v. United Biscuit Co. of America · Champieux v. Miller · Kornfeld v. United States
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The duty of a motorist not to obstruct the traveled portion of the highway necessarily means that, if his automobile does so ... he has the duty to remove the automobile as promptly as reasonably possible. As stated in Smith v. Producers Cold Storage Co., Mo.App., 128 S.W.2d 299 , 308, “it is negligence to allow a motor vehicle to stand on the traveled portion of the highway”. It is also true that as a general rule a person has the duty to warn approaching motorists of a hazard he has created on the traveled portion of a highway.”
1 later decision quote this exact passage““If the defendant Brackman had gone immediately to the top of the hill, had attempted to warn the eastbound motorist (by waiving her arms as the plaintiff says she should have), but had failed to stop him, and the plaintiff had been similarly injured, the plaintiff might then have as reasonably contended that the defendant should have first undertaken to move her car . .”
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.