Brown v. Parker’s Empirical Analysis
1964
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently February 1995
16 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 Doherty Ex Rel. Doherty v. St. Louis Butter Co. · Brennecke Ex Rel. Brennecke v. Kilpatrick · Berry v. Harmon · Gooch v. Avsco, Incorporated · Hamilton v. Fulkerson
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * each of these instructions specifically refers to another instruction. (Emphasis ours.) Instruction No. 3 directed a verdict for the plaintiff and against the defendant Brown if they found that Brown failed to keep a proper lookout, was negligent in so failing, and that negligence either directly caused or directly combined and concurred with Parker’s negligence in running the stop sign as submitted by Instruction No. 2 to cause plaintiff’s injury. Instruction No. 1 directed a verdict for the plaintiff and against the defendant Parker if they found that Parker failed to keep a proper lookout, was negligent in so failing, and that negligence either directly caused or directly combined and concurred with Brown’s negligence in running the red light as submitted by Instruction No. 4 to cause plaintiff’s injury. It is obvious that the effect of these four instructions was to allow the jury to find that either Brown or Parker ran the stop sign and also find that the one who was not negligent in that regard was negligent in failing to keep a proper lookout. Since the jury found against both defendants, it is obvious that they found one defendant negligent in running the stop sign, found the other defendant negligent in failing to keep a proper lookout, and found that these negligent acts combined and concurred to cause plaintiff’s injury. There is no inconsistency, contradiction or repugnancy in such a submission or finding.””
1 later decision quote this exact passagee.g. Coursey v. Hawthorne“However logical such an argument may be, the same considerations of public policy prevent our adopting it. In the first place the effect of such a ruling would be to allow a parent to sue an unemancipated minor child providing he could keep the case alive until after the child reaches legal age. Such a state of events would clearly violate the sound considerations upon which the rule is based. The family relationship would be disturbed during the time the parent waited for the child to become of age.”
1 later decision quote this exact passagee.g. Ales v. Ales“[WJhere improper evidence comes into the case through a voluntary statement of a witness, a mistrial is not a matter of right but is a question calling for the exercise of a sound discretion by the trial court, and in the absence of an abuse of that discretion we cannot interfere.”
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.