39 N.C. App. 183 - Siders v. Gibbs’s Empirical Analysis
1978
Citation profile
48 state decisions
How this case has been cited
Cited by 48 later decisions — most recently July 2015 · most notably Yancey v. Lea (2001), 128 N.C. App. 37 - Sloan v. Miller Building Corp. (1997)
48 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 Brewer v. Harris · Wagoner v. North Carolina Railroad · 11 N.C. App. 275 - Robinson v. McMahan · Foster v. . Hyman · Farmer v. Chaney
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Our Supreme Court has discussed] the subtle distinction which must be drawn between willful negligence and an intentional tort. Willful negligence arises from the tort-feasor’s willful breach of a duty arising by operation of law. The tort-feasor must have a deliberate purpose not to discharge a legal duty necessary to the safety of the person or property of another. This willful and deliberate purpose not to discharge a duty differs crucially for our purposes from the willful and deliberate purpose to inflict injury— the latter amounting to an intentional tort.”
4 later decisions quote this exact passage“[W]ilful and wanton negligence encompasses conduct which lies somewhere between ordinary negligence and intentional conduct.”
3 later decisions quote this exact passage“`[a]n act is wanton when it is done of wicked purpose ...,'”
3 later decisions 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.