Public-domain · open source
OpenJurist
← 76 S.D. 201 - Dwyer v. Christensen

Dwyer v. Christensen’s Empirical Analysis

1956

Citation profile

36
cited by 36 later decisions
4
states following
July 1987
most recently cited

4 federal appellate · 2 district · 30 state decisions

How this case has been cited

Cited by 36 later decisions — most recently July 1987 · most notably 167 Ind. App. 96 - Board of Com'rs of Delaware County v. Briggs (1975), Dwyer v. Christensen (1958)

4 federal appellate · 2 district · 30 state decisions

2401956196019701980decided

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 Pierson v. Jensen · Kundert v. B. F. Goodrich Co. · Flanagan v. Slattery · Roberts v. Brown · Monasmith v. Cosden Oil Co.

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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Where the evidence in relation to negligence and contributory negligence is such that reasonable minds might differ as to the existence of slight negligence on the one hand and gross negligence on the other, the question of comparison is for the jury. If, however, the facts are not in dispute or of such a nature that reasonable men could not differ, the standards of conduct are for the court to determine, and not for the jury.”
    1 later decision quote this exact passage
  2. “"Whether plaintiff's negligence was slight or otherwise is not determined by comparing it with the negligence of the defendant. That determination under our rule is made by considering it separately from the negligence of the defendant." (Emphasis supplied)”
    1 later decision quote this exact passage
  3. “in that case the Court was concerned with determining whether conduct was negligent, not whether the negligence was slight or otherwise”
    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.