Spear v. Leuenberger’s Empirical Analysis
1941
Citation profile
45 state decisions
How this case has been cited
Cited by 46 later decisions — most recently January 2001 · most notably 13 Cal. 3d 43 - Bertero v. National General Corp. (1974), 49 Cal. 2d 652 - Butigan v. Yellow Cab Co. (1958)
45 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 Rush v. Lagomarsino · Douglas v. Southern Pacific Co. · Pierce v. United Gas and Electric Co. · Lafargue v. United Railroad of San Francisco · 92 Cal. App. 52 - Vedder v. Bireley
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ... We do not understand it to be the rule that a person is required to know that the turning movement can be made with safety. All that is required is that he take the precautions which a reasonably prudent person would take under the circumstances reasonably appearing to him at the time. In the case of Ruperto v. Thomas, 113 Cal.App. 523 [ 298 P. 851 ], at page 526, it is said: ‘Section 130(a) of the California Vehicle Act provides in part: “The driver of any vehicle upon a public highway before starting, turning or stopping such vehicle shall first see that such movement can be made in safety. ...” “ ‘This language does not mean the driver of a vehicle may not turn his machine at an intersection of streets unless there is absolutely no possibility of an accident. It must receive a reasonable construction. No specific acts or omissions of the driver of a motor vehicle in changing the course of his machine at the intersection of streets may be characterized as negligent under all circumstances. The negligence of a driver must be determined by an application of the well settled rule of negligence as to what a reasonably prudent person should do under like circumstances. The language of section 130(a) above quoted should be construed to mean that the driver of a vehicle upon a public highway, before starting, turning or stopping such vehicle must use such precaution as would satisfy a reasonably prudent person acting under similar circumstances that he could do so safely. Th”
2 later decisions quote this exact passage““We are of the opinion that the rule to be followed herein is that set forth in the quite recent case of Ferguson v. Nakahara, Cal.App., 110 P.2d 1091 , decided March 12, 1941, and wherein at page 1096 it is said: ‘All instructions of the court are to be considered and construed as a whole to determine whether they contain reversible error. “If a single instruction omits an essential element of the cause, but is a correct declaration of the law so far as it goes, and the omitted element is correctly given in another instruction, the omission will ordinarily be cured thereby. * * *.” ’ ””
2 later decisions quote this exact passage““You are instructed that if you find from the evidence that the danger existing at the time and place of the accident was apparent to the plaintiff, and that he understood the danger therefrom, and in the exercise of ordinary care should recognize the danger, then you are instructed that you should find for the defendant in this case.””
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.