69 Cal. App. 2d 682 - Terrell v. Key System’s Empirical Analysis
1945
Citation profile
28 state decisions
How this case has been cited
Cited by 30 later decisions — most recently November 1994 · most notably 40 Cal. 3d 780 - Lopez v. Southern California Rapid Transit District (1985), Totten v. More Oakland Residential Housing, Inc. (1976)
28 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 Neering v. I.C.R.R. Co. · Mosley v. Arden Farms Co. · Stockwell v. Board of Trustees of the Leland Stanford Junior University · Glennen v. Boston Elevated Railway Co. · Dwelly v. McReynolds
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The duty of a carrier of persons for reward is codified in Civil Code, section 2100 In general, such carriers must exercise the utmost care and diligence for the safety of their passengers consistent with the character and mode of conveyance adopted and the practical operation of the carrier's business. (4 Cal.Jur. § 87, pp. 931-934.) While there is some diversity among the authorities in other jurisdictions as to the degree of care required of carriers for hire to protect their passengers from the assaults of fellow passengers, in a large majority of American states whose courts have passed on the question, it is held that the carrier is required to exercise the same high degree of care for that purpose as it is bound to generally. [[Citations omitted.]] . . . We can see no reason not to apply the rule of Civil Code, section 2100 that `A carrier of persons for reward must use the utmost care and diligence for their safe carriage' to the recognized duty of a carrier to protect a passenger from assaults by fellow passengers.”
1 later decision quote this exact passage“it was a jury question whether the conductor, with notice of the boisterous and vituperative conduct of the drunken crap shooters engaged in the particular game, should not have taken some steps to maintain or restore order before tempers got so far out of control that he was powerless to prevent the injury which occurred to plaintiff.”
1 later decision quote this exact passage“and the plaintiff was knocked off the moving train, suffering serious injury. No effort was made by the conductor, or any other employee of the carrier, to stop the crap game, control the boisterous conduct of the drunken participants or maintain order in any way. Reversing a judgment of nonsuit, the court held:”
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.