63 Cal. App. 2d 691 - Doane v. Smith’s Empirical Analysis
1944
Citation profile
8 state decisions
Relationships
Relies on 14 Cal. App. 2d 673 - Edlund v. Los Angeles Railway Co. · McMillan v. Thompson · 119 Cal. App. 5 - Brock v. Superior Court · 1 Cal. App. 2d 37 - James v. White Truck and Transfer Co. · 135 Cal. App. 355 - Christy v. Herbert M. Baruch Corp.
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We might discuss the evidence in the case in greater detail, but it would add nothing to the controlling features of the case as we have stated them. The case presented only factual questions upon the vital issues. It clearly appeared that the act of stopping the truck and trailer on the highway was, under the circumstances, a violation of law. The questions or proximate cause and contributory negligence were close questions which a court or jury could reasonably decide either way. Defendants present a forceful argument on the latter issue and it may be that if we were trying the facts we would agree with their contention. But the ease upon this issue is not one of law. We are satisfied that the implied findings of the jury upon the material issues in the case were supported by the evidence.””
1 later decision quote this exact passage““. . . It cannot be said as a matter of law that there is some definite distance from a parked vehicle at which an approaching driver must realize that the vehicle is standing still, in order to be free from negligence. No more can it be said upon the facts of this case that plaintiff was negligent as a matter of law in failing to realize that the truck was standing still until he was within about 100 feet of it. It must be remembered that automobile drivers have the right to anticipate that standing vehicles ahead of them will be parked off the highway, if it is practicable to so park them, and the right to act upon that assumption until there are reasonable grounds for believing that there is some vehicle ahead that is not so parked.””
1 later decision quote this exact passagee.g. Smith v. Wattenburg
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.