Antonen v. Swanson’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 51 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"No person transported by the owner or operator of a motor vehicle as his guest without compensation for such transportation shall have cause of action for damages against such owner or operator for injury, death, or loss, in case of accident, unless such accident shall have been caused by the willful and wanton misconduct of the owner or operator of such motor vehicle * *”

   2 later decisions quote this exact passage
   e.g. Peterson v. Snell · Kleinhesselink v. Porterfield

2. “"A careful review of the record leads us to the conclusion that there is no evidence that the driver of the truck was guilty of willful and wanton misconduct. * * * We adopted our guest statute from Michigan. In Boos v. Sauer, 266 Mich. 230 , 253 N.W. 278, 279 , the Supreme Court of that state had occasion to determine whether a truck driver falling asleep while driving was liable under the statute. The Court said: `Gross negligence requires willful or wanton misconduct. (Citation.) To constitute gross negligence in falling asleep while driving there must have been such prior warning of the likelihood of sleep that continuing to drive constitutes reckless disregard of consequences. There must be an appreciation of the danger of falling asleep or circumstances which would cause a reasonably prudent person to appreciate it and proceeding in defiance of results. It has been held that prior warning may be by way of having before gone to sleep or dozed off.' The evidence showed that the driver in that case became drowsy, but there was no such prewarning as to indicate that his continuing to drive amounted to reckless disregard of consequences." (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. Hodges v. Ladd

3. “An employee has no implied authority to invite or permit a third person to ride in a motor vehicle in his charge.... The burden was on the plaintiff to prove that [the employee] had authority to invite or permit him to ride.... There ... is no implication that [the employee] has authority to invite or permit others to ride with him.... Plaintiff was in no sense an invitee of the owner of the truck and no liability against him could be founded on ordinary negligence.”

   1 later decision quote this exact passage
   e.g. Harris v. Best Business Products, Inc.