Parsons v. Fuller’s Empirical Analysis

Citation profile

2 district · 33 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “.. “ On the issue of wilful misconduct, the evidence is insufficient to support a determination favorable to plaintiff. The jury were instructed as follows on this issue: “ ‘The words “wilful misconduct” have a meaning in the law, additional to that which they have in common usage. If we were to use the words in their ordinary sense, they would mean simply the indulging in wrongful conduct by conscious choice. Such conduct might consist of doing something that ought not to be done or in failing to do something that ought to be done. But in order to be a basis for liability to a guest under our law, the misconduct must be something more than intentional and wrongful; it must be done under circumstances which show either knowledge that serious injury to the guest probably will result, or a wanton and reckless disregard of the possible results. “ ‘Wilful misconduct means something different.from and more than negligence, however gross the negligence may be. A guest may not recover against her host unless the conduct of the host amounted to wilful misconduct, and that means intentional, wrongful conduct, done either with knowledge that serious injury to the guest probably will result, or with a wanton and reckless disregard of the possible results. . . . “ ‘ [I] f you should find that defendant was negligent, and if you should find that she intentionally did something that was wrongful and which was a proximate cause of injury to plaintiff, still a case of willful misconduct is n”

   5 later decisions quote this exact passage
   e.g. Olson v. Jones · People v. Nowell

2. “'Wilful misconduct depends upon the facts of a particular case, and necessarily involves deliberate, intentional, or wanton conduct in doing or omitting to perform acts, with knowledge or appreciation of the fact, on the part of the culpable person, that danger is likely to result therefrom. (Helme v. Great Western Milling Co., 43 Cal.App. 416 [ 185 P. 510 ]; Olson v. Gay, 135 Cal.App. 726 [27 PaCal.2d 922]; Walker v. Bacon, 132 Cal.App. 625 [23 PaCal.2d 520]; Howard v. Howard, 132 Cal.App. 124 [22 PaCal.2d 279].) Webster's New International Dictionary, page 1379, defines”

   1 later decision quote this exact passage
   e.g. Porter v. Hofman

3. ““ ‘To us it seems clear that one who, while driving an automobile, knowingly flirts with danger and, without necessity or emergency compelling him, “takes a chance” on killing or injuring himself and others, who may be so unfortunate as to be riding with him, is guilty of wilful misconduct. ’ ’ ’”

   1 later decision quote this exact passage
   e.g. Jones v. Harris