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← 4 SW2D 211 - Yturria v. Everton

Yturria v. Everton’s Empirical Analysis

1928

Citation profile

4
cited by 4 later decisions
1
states following
December 1940
most recently cited

1 federal appellate · 3 state decisions

Relationships

Relies on Yturria v. Lankford

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

  1. “In an action against the other party to the collision, a case for recovery is presented where the evidence shows that responsibility for the occurrence is attributable to the defendant or to his driver, and not to the driver of the vehicle in which the plaintiff was riding. Furthermore, the plaintiff makes a case for recovery by proof (1) that the defendant operated his vehicle in a manner forbidden by law, and (2) that the plaintiff himself had nothing to do with the mode of operation of the vehicle in which he was riding. Nor need he show that he took active measures to discover the danger or prevent the collision. In affirming a judgment in favor of the plaintiff, the court said: `It was not incumbent on the guest to suggest the way in which the automobile should be operated. A recovery is not precluded by the circumstance that the plaintiff failed to maintain a lookout and warn the driver of the vehicle in which he was riding.'”
    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.