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← 38 CAL2D 399 - Benton v. Sloss

Benton v. Sloss’s Empirical Analysis

1952

Citation profile

60
cited by 60 later decisions
7
states following
October 1993
most recently cited

1 district · 59 state decisions

How this case has been cited

Cited by 60 later decisions — most recently October 1993 · most notably 5 Cal. 3d 153 - Vesely v. Sager (1971), 43 Cal. 2d 60 - Richards v. Stanley (1954)

1 district · 59 state decisions

26019521960197019801990decided

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 Mosley v. Arden Farms Co. · Opple v. Ray · 9 Cal. 2d 226 - Weber v. Pinyan · 32 Cal. 2d 295 - McEvoy v. American Pool Corp. · Egan Chevrolet Co. v. Bruner

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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Jay's negligent driving was unquestionably a cause of plaintiffs' injuries. Sloss' negligence was also a cause of those injuries, if it was a substantial factor in bringing them about. (McEvoy v. American Pool Corp., 32 Cal.2d 295, 298 [ 195 P.2d 783 ]; Rest., Torts, 431.) This question of fact the trial court resolved in plaintiffs' favor. ... The negligent conduct of Jay did not relieve Sloss from liability, for the likelihood of negligent operation of the vehicle was one of the hazards that Sloss could reasonably foresee. (Mosley v. Arden Farms Co., 26 Cal.2d 213, 219, 220 [ 157 P.2d 372 , 158 A.L.R. 872 ]; McEvoy v. American Pool Corp., supra, 32 Cal.2d 295, 298 ; Lacy v. Pacific Gas & Elec. Co., 220 Cal. 97 [ 29 P.2d 781 ]; Opple v. Ray, 208 Ind. 450, 456 [ 195 N.E. 81 ]; see Rest., Torts, 447.)”
    1 later decision quote this exact passage
  2. ““No person who as a guest accepts a ride in any vehicle upon a highway without giving compensation for such ride, nor any other person, has any right of action for civil damages against the driver of the vehicle or against any other person legally liable for the conduct of the driver on account of personal injury to or the death of the guest during the ride, unless the plaintiff in any such action establishes that the injury or death proximately resulted from the intoxication or wilful misconduct of the driver.””
    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.