Dale N. Zink v. Edwin A. Radewald, Jr.’s Empirical Analysis
369 F.2d 253 · 1966
Citation profile
8 federal appellate · 3 state decisions
How this case has been cited
Cited by 12 later decisions — most recently July 2020
8 federal appellate · 3 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 Taylor v. Fitzpatrick · Hoesel v. Cain Kahler v. Cain · 123 Ind. App. 701 - Dimmick v. Follis · Smith v. J. C. Penney Co.
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.
“In our opinion the direct evidence concerning the circumstances surrounding the collision here involved and the results it produced is such that the jury might reasonably have inferred that the collision occurred because of failure of the defendant to operate his truck with that degree of control and caution the exercise of ordinary care required under those circumstances. The defendant had been following the plaintiff ⅛ the line of traffic’ for at least three blocks. His vision was unobstructed. He could not have been unaware of the presence of the plaintiffs vehicle or of the heavy traffic conditions existing. There is basis for an inference that the collision resulted from a failure of the defendant to keep a lookout ahead, or to so restrict his speed and keep at such distance behind the plaintiffs vehicle as reason and prudence dictated under the existing traffic conditions. That it may also be reasonable to conclude otherwise does not warrant a withdrawal of the issue of defendant’s negligence from the jury.”
1 later decision quote this exact passage · from the majoritye.g. Foddrill v. Crane“where the evidence, along with all inferences to be reasonably drawn therefrom, when viewed in the light most favorable to the party opposing the motion, is such that reasonable men in a fair and impartial exercise of their judgment may reach different conclusions.”
1 later decision quote this exact passage · from the majority
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.