Malone v. Hughes’s Empirical Analysis

Citation profile

5 state decisions

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is well established as a general principle in the settled jurisprudence of this state that a guest has the right to rely to a reasonable extent on the care of the driver and his proper operation of the vehicle, Delaune v. Breaux, 174 La. 43 , 139 So. 753 ; Johnson v. National Casualty Co., La.App., 176 So. 235 ; Albright v. Tatum, La.App., 37 So.2d 888, 895 . As has been many times stated by our courts a guest is not held to the exercise of the same degree of alertness and vigilance as is required of a driver. And there are other factors which must be considered in weighing the question of negligence on the part of a guest. It must be shown that the danger was or should have been apparent and that sufficient time existed within which the guest could have appraised the danger and warned the driver. As was said by Mr. Justice LeBlanc as organ of the Court of Appeal for the First Circuit in Albright v. Tatum, supra, (in which the general facts were analogous to the instant case): "`He (the guest) is not called on to be on the same alert and to have seen what the driver should have seen. It is only where there is danger so apparent that he, as well as the driver, should have seen it, that he becomes negligent also if he fails to give warning or to protest if the driver's negligence continues. There was no such danger which became apparent to the guest in this case. * * * There was nothing to suggest any apprehension to the guest. The same degree of vigilance required of the o”

   1 later decision quote this exact passage
   e.g. 99 So. 2d 400 - Jackson v. Young

2. ““As to the time element, using the greatest distance of .500 feet, considering the fact that the brakes on the Malone • automobile took effect approximately 150 feet before the collision, and allowing for the usual reaction time at the established speed of the Vehicle, it is obvious that the plaintiff, Bessie Malone, could have had at most only a period of approximately seconds in which to observe-and evaluate the danger and give warning to the driver even if she had been alert, vigilant and observing far beyond the degree required. To convict her of negligence on this basis, in our opinion, would be utterly unreasonable.””

   1 later decision quote this exact passage
   e.g. Taormina v. Reid

3. ““We are of the opinion that both Hughes and Malone were guilty of negligence, and that it was their combined negligence that caused the collision and resulting damage.””

   1 later decision quote this exact passage
   e.g. Dixie Drive It Yourself System New Orleans Co. v. American Beverage Co.