Silva v. Traver’s Empirical Analysis
1945
Citation profile
72 state decisions
How this case has been cited
Cited by 74 later decisions — most recently June 2005 · most notably Morris v. Cartwright (1953), Robertson Tank Lines, Inc. v. Van Cleave (1971)
72 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 Seiler v. Whiting · Lutfy v. Lockhart · Otero v. Soto Ex Rel. Gonzales · Baker v. Maseeh · Little v. Brown
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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is conceded, and is of course the law in this state, that proof or admission of ownership is prima facie evidence that the driver of a vehicle causing damage by its negligent operation is the servant or agent of the owner and using the vehicle in the business of the owner. Baker v. Maseeh, 20 Ariz. 201 , 179 Pac. 53 . But " prima facie evidence," so called, is, strictly, no evidence at all. It is only a presumption of law. Barton v. Camden, 147 Va. 263 , 137 S.E. 465 . It has been uniformly so treated and denominated by this court. Baker v. Maseeh, supra ; Lutfy v. Lockhart, 37 Ariz. 488 , 295 Pac. 975 . And such presumptions are mere arbitrary rules of law, to be applied in the absence of evidence. Whenever evidence contradicting a legal presumption is introduced the presumption vanishes. Seiler v. Whiting, 52 Ariz. 542 , 84 Pac.(2d) 452; Flores v. Tucson Gas, Elec. L. & P. Co., 54 Ariz. 460 , 97 Pac.(2d) 206.”
3 later decisions quote this exact passage“`the basic fact has sufficient value as evidence to support a rational inference as to the presumed fact[s].'”
2 later decisions quote this exact passage““It is sufficient to say that there is nothing in the record upon which a jury could base a conclusion that defendant Whiting was guilty of any of the acts of negligence withdrawn from the consideration of the jury except, perhaps, certain presumptions as to due care on the part of the plaintiff.” 52 Ariz. at 549-550 , 84 P.2d at 455 .”
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.