Campbell v. Baskin’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 6 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendant’s next contention is that the court erred in applying to the accident the law of the state of Arizona rather than that of Nevada. Under [Nevada law], a guest may not recover for personal injuries in absence of “intoxication, willful misconduct, or gross negligence of such owner, driver, or person responsible for the operation of such vehicle.” Arizona has no such statute and a guest may recover upon proof of simple negligence of the person responsible. In its decision the trial court stated “that the evidence failed to show wanton, willful or gross negligence on the part of the defendant, but that plaintiff’s allegations with respect thereto were sufficient to include a charge and support a finding of simple negligence.” The accident having occurred in Arizona it is clear that Arizona law applies. Mitrovich v. Pavlovich, 61 Nev. 62 , 114 P.2d 1084 . Defendant contends, however, that the trip was a joint venture being one of many excursions and that under these circumstances the venture having been undertaken from Nevada the law of Nevada should apply. We need not decide whether under a proper showing of joint venture the law of Nevada would become applicable. The trial court specifically found “that it is not true that [plaintiff and defendant] were engaged in a joint enterprise .....” Under the facts recited at the outset of this opinion it cannot be said that such findings were without support.”

   1 later decision quote this exact passage
   e.g. 462 F. Supp. 1227 - Southern Pacific Transportation Co. v. United States