Wise v. Timmons’s Empirical Analysis
1992
Citation profile
1 federal appellate · 24 state decisions
How this case has been cited
Cited by 25 later decisions — most recently January 2025 · most notably 98 Ohio App. 3d 405 - Keeton v. Telemedia Co. of Southern Ohio (1994), 128 Ohio App. 3d 33 - Kraft Construction Co. v. Cuyahoga County Board of Commissioners (1998)
1 federal appellate · 24 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 Ramage v. Central Ohio Emergency Services, Inc. · 116 Ohio St. 451 - Glowacki v. North Western Ohio Ry. & Power Co. · St. Marys Gas Co. v. Brodbeck · Irwin v. Albers Super Markets, Inc.
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In an action based on negligence, the presumption exists that each party was in the exercise of ordinary care and such presumption prevails until rebutted by evidence to the contrary." Biery v. Pennsylvania RR. Co. (1951), 156 Ohio St. 75 , 45 O.O. 70 , 99 N.E.2d 895 , paragraph two of the syllabus. The rule applies where the accident itself is the only evidence of negligence adduced. "Where the doctrine of res ipsa loquitur is not involved, negligence is never presumed from the mere fact of an accident and resulting injury, but specific acts or omissions indicating failure on the part of the defendant to exercise due care must be alleged as the direct and proximate cause of the injury, and the burden is upon the plaintiff to prove the same." St. Marys Gas Co. v. Brodbeck (1926), 114 Ohio St. 423 , 151 N.E. 323 , paragraph one of the syllabus.”
3 later decisions quote this exact passage“‘When granted on the evidence. When a motion for a directed verdict has been properly made, and the trial court, after construing the evidence most strongly in favor of the party against whom the motion is directed, finds that upon any determinative issue reasonable minds could come to but one conclusion upon the evidence submitted and that conclusion is adverse to such party, the court shall sustain the motion and direct a verdict for the moving party as to that issue.””
2 later decisions quote this exact passage“`rule of evidence which permits the jury, but not the court in a jury trial, to draw an inference of negligence where the instrumentality causing the injury is under the exclusive management and control of one of the parties and an accident occurs under circumstances where in the ordinary course of events it would not occur when ordinary care is observed. * * *'”
2 later decisions 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.