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← 35 ALAAPP 405 - Kirk v. State

Kirk v. State’s Empirical Analysis

1950

Citation profile

11
cited by 11 later decisions
3
states following
March 2015
most recently cited

2 federal appellate · 9 state decisions

How this case has been cited

Cited by 11 later decisions — most recently March 2015

2 federal appellate · 9 state decisions

401950196019701980199020002010decided

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 Alabama Great Southern Railroad v. Hall · Stringer v. Alabama Mineral Railroad · McQueen v. State · 31 Ala. App. 101 - McQueen v. State · 31 Ala. App. 134 - Crump v. State

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.

  1. “"Any person who drives any vehicle upon a highway carelessly and heedlessly in wilful or wanton disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving and upon conviction shall be punished as provided in section fifty-five of this act.””
    1 later decision quote this exact passage
  2. ““[t]he terms ‘reckless,’ and “without due caution and circumspection’ are synonymous. Actually, to a layman the term ‘reckless’ is probably of clearer import than the phrase ‘without due caution and circumspection,’ in so far as informing him of what he is called upon to defend.””
    1 later decision quote this exact passage
  3. “"* * * the phrase, 'without due caution and circumspection,' constituting one of the alternative characterizations of reckless driving, means no more than negligence, for if one drives on a highway in such manner, he is guilty of negligence."”
    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.