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← 68 Wash. 2d 194 - James v. Edwards

68 Wash. 2d 194 - James v. Edwards’s Empirical Analysis

1966

Citation profile

10
cited by 10 later decisions
2
states following
August 2001
most recently cited

10 state decisions

How this case has been cited

Cited by 10 later decisions — most recently August 2001

10 state decisions

5019661970198019902000decided

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 62 Wash. 2d 410 - Frasch v. Leedom · Eldredge v. Garrison · 58 Wash. 2d 39 - See 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Appellants concede that it is clear from our cases that one whose vision is completely obscured is negligent as a matter of law, but that such a rule does not apply to a driver whose vision is partly obscured, and that appellant’s vision was only partly obscured because he could see to the left front and left side of his car. Fog was involved in the case of Eldredge v. Garrison, 184 Wash. 687, 692 , 52 P.2d 1240 (1935). The court said: Such an atmospheric condition frequently causes, and even requires, vehicles to stop on the highway . . . . While a driver’s attention . . . may properly be directed to the right-hand margin of the pavement, to be free from negligence a driver must proceed at no rate faster than one which will allow him to also carefully observe the roadway in front of him and devote such attention to the roadway as will allow him to observe anything resting thereon in time to take appropriate action. This is the rule that has been consistently followed by this court. Appellant should not drive any faster than that speed which would allow him to also observe the roadway to the front and right side and give such attention to such part of the roadway as will allow him to observe anything thereon in time to take appropriate action, which would include the duty to stop. To the extent that appellant could not see things on the right front of his car and to the right, as to those, it was the same as if he could not see at all. As to persons or property not able to be”
    1 later decision quote this exact passage
  2. “We think the proper rule is that a workman in the street has a special status which must be considered in determining whether he has exercised due care for his own safety. A worker is not required to exercise the same degree of care required of an ordinary pedestrian, but must exercise that care which an ordinarily prudent man, similarly employed in the street, would and could take to avoid injury by passing vehicles. See 5 A.L.R.2d 757 . A worker is not required to keep a constant lookout for approaching vehicles, and the question whether such a worker has exercised reasonable care for his own safety in view of his occupation and surrounding circumstances is for the jury under the rule stated above.”
    1 later decision quote this exact passage
  3. “yield the right of way to all vehicles upon the roadway,”
    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.