Barrell v. Wessel’s Empirical Analysis
1953
Citation profile
2 federal appellate · 1 district · 37 state decisions
How this case has been cited
Cited by 43 later decisions — most recently August 2017 · most notably Dodd v. CITY OF JACKSON, MISS (1960), RATHBORNE, H. & R. BOX CO. v. Green (1959)
2 federal appellate · 1 district · 37 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 Srajer v. Schwartzman · Bailey v. Resner · Atchison, Topeka & Santa Fe Railway Co. v. Baker · Donelan v. Wright · Leabo ex rel. Leabo v. Willett
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"* * * Despite the persuasiveness of the argument we think it must yield to the apparently overwhelming weight of Kansas jurisprudence which leads to an opposite conclusion. * * * "In the course of the opinion the court cited a number of Kansas cases dealing with the construction of the phrase `gross and wanton negligence'. An examination of these cases convinces us that the Kansas courts have construed the phrase to comprehend willful conduct coupled with a realization of an imminent danger to another resulting from such conduct, together with an indifference to such injury. (Citations.) (emphasis supplied) "* * * We can only consider that the use of the phraseology employed by the Kansas legislature indicated a clearly evidenced intent and purpose to restrict the recovery by guests to instances in which the host was guilty of active negligence in such superlative degree as would barely fall short of a willful and purposeful intent to injure."”
1 later decision quote this exact passagee.g. Hodges v. Ladd“* * * We can only consider that the use of the phraseology employed by the Kansas legislature indicated a clearly evidenced intent and purpose to restrict the recovery by guests to instances in which the host was guilty of active negligence in such superlative degree as would barely fall short of a willful and purposeful intent to injure.”
1 later decision quote this exact passagee.g. Hodges v. Ladd
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.