69 Wash. 2d 97 - Hellriegel v. Tholl’s Empirical Analysis
1966
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently July 2012 · most notably Kabella v. Bouschelle (1983), 75 Wash. 2d 800 - Moyer v. Clark (1969)
26 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 Gibeline v. Smith · McAdams v. Windham · 32 Wash. 2d 637 - Parrish v. Ash
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, with regard to the significance of Dicka’s words and actions, we agree with the trial court that his words were an invitation to respondents to try to throw him into the water if they thought they could. His statement to them (quoted above) constituted a consent that the boys could try to throw him into the lake (as distinguished from a consent to being thrown into the lake) and he thereby assumed the risk that he might be accidentally injured during the horseplay that necessarily would result from their attempt to throw him into the lake and his resistance to such attempt. Even if what he said was in response to someone’s statement to the effect “Let’s throw Dicka into the lake,” his words were an invitation to try, as distinguished from a warning to the other boys not to try to throw him in. because he did not want to be thrown in and would resist.”
1 later decision quote this exact passage“The rule which the trial court must apply in passing on a motion for a nonsuit is stated in Parrish v. Ash, 32 Wn.2d 637, 648 , 203 P.2d 330 (1949). It reads: A challenge to the sufficiency of the evidence, a motion for nonsuit, a motion for a directed verdict, or a motion for judgment notwithstanding the verdict admits the truth of the opposing party’s evidence and all inferences that reasonably can be drawn therefrom and requires that the evidence be interpreted most strongly against the moving party'and in the light most favorable to the party against whom the motion is made. Billingsley v. Rovig-Temple Co., 16 Wn. (2d) 202, 133 P. (2d) 265 ; White v. Fenner, 16 Wn. (2d) 226, 133 P. (2d) 270 .”
1 later decision quote this exact passage“The invasion consented to in this instance, as we stated earlier, was rough and tumble horseplay. The question which § 53 of the restatement does not answer is, who takes the risk of injury which may accidentally result from such rough and tumble play? It seems to us that rough and tumble play is like an informal boxing match, which is described in Comment b above. The boxer accepts the risk of serious injuries from the blows received. See McAdams v. Windham, 208 Ala. 492 , 94 So. 742 , 30 A.L.R. 194 (1922). Persons who engage in roughhouse horseplay also accept the risk of accidental injuries which result from participation therein.”
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.