Public-domain · open source
OpenJurist
← 78 S.D. 481 - Wentzel v. Huebner

Wentzel v. Huebner’s Empirical Analysis

1960

Citation profile

24
cited by 24 later decisions
1
states following
December 1985
most recently cited

24 state decisions

How this case has been cited

Cited by 24 later decisions — most recently December 1985

24 state decisions

120196019701980decided

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 Taylor v. Town of Monroe · Peters v. Hoisington · State Ex Rel. Helgerson v. Riiff · Melby v. Anderson · Berlin v. Berens

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

  1. “lay mind * * * is capable of approximations (of speed) * * * the computation made by this scientist, which the jury was incapable of making, would be helpful”
    2 later decisions quote this exact passage
  2. “"That to create liability under the statute there must be (1) knowledge of a situation requiring the exercise of ordinary care and diligence to avert injury to another; (2) ability to avoid the resulting harm by ordinary care and diligence in the use of the means at hand; (3) omission to use such care and diligence to avert the threatened danger when, to the ordinary mind, it must be apparent that the result is likely to prove disastrous to another. * * * To bring the conduct of the defendant within the prohibition of this statute the jury must find as a fact that defendant intentionally did something in the operation of a motor vehicle which he should not have done or intentionally failed to do something which he should have done under such circumstances that it can be said that he consciously realized that his conduct would in all probability (as distinguished from possibly) produce the precise result which it did produce and would bring harm to the plaintiff."”
    1 later decision quote this exact passage
  3. “''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, if he has willfully or by want of ordinary care brought the injury upon himself."”
    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.