Winters v. Maxey’s Empirical Analysis
1972
Citation profile
11 federal appellate · 1 district · 10 state decisions
How this case has been cited
Cited by 46 later decisions — most recently August 1995 · most notably Gutierrez v. Collins (1979), First National Bank in Fort Collins v. Rostek (1973)
11 federal appellate · 1 district · 10 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 Babcock v. Jackson · 26 Wis. 2d 617 - Wilcox v. Wilcox · Dym v. Gordon · Conklin v. Horner · Abendschein v. Farrell
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.
“Absent public policy to the contrary, the law of the state in which the tort occurs controls. If the law of jurisdiction in which the tort occurred is against good morals or natural justice, or for some other reason, its enforcement would be prejudicial to the general interests of the state’s citizens, such law would not be controlling in an action which is brought in the state and which arises out of tort.”
2 later decisions quote this exact passage“[WJhile I think the adoption of a general rule such as that in Restatement is inevitable as our society grows more mobile and the interest of the State in its citizens ever increases, I am content, for the present, to base my disagreement with the majority on its failure to recognize that the Alabama guest statute is contrary to justice, is contrary to good morals, and is contrary to the policy of this State....”
1 later decision quote this exact passagee.g. Hataway v. McKinley
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.