92 So. 2d 651 - Johnson v. State’s Empirical Analysis
1957
Citation profile
1 federal appellate · 30 state decisions
How this case has been cited
Cited by 33 later decisions — most recently November 2009 · most notably 336 So. 2d 586 - Filmon v. State (1976), Jackson Lumber Co. v. Walton County (1928)
1 federal appellate · 30 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 Russ v. State · Smith v. State · 56 So. 2d 543 - Preston v. State · 64 So. 2d 677 - Maxey v. State
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““When the mounting carnage on the highways is challenging the thought of every serious-minded official directly or indirectly concerned with enforcement of the law, a situation of which we take judicial notice, we should review the decisions of this court dealing with speed as an element of culpable negligence to see if we have held unqualifiedly, as now suggested to us, that excessive speed will not alone suffice to prove a defendant guilty of culpable negligence. “We are referred to the opinion in Russ v. State, 140 Fla. 217 , 191 So. 296 , in which the court rejected the contention of the State that excessive speed was sufficient to establish culpable negligence but did so because of other evidence about the familiarity of the victim with the place where the accident occurred, and her failure to observe approaching traffic or exercise proper care for her own safety. “In Preston v. State, Fla., 56 So.2d 543, 544 , after repeating the definition of culpable negligence, we referred to speed as an element of the offense in these words: ‘ * * * excessive speed alone is not necessarily culpable negligence sufficient to sustain a charge of manslaughter.’ (Italics supplied). This decision was cited in Maxey v. State, Fla., 64 So.2d 677 . “In Smith v. State, Fla., 65 So.2d 303, 305 , the pedestrians were struck by a car that was passing through a rural area at the rate of 60 or 65 miles per hour. The highway was four lanes in width, the surface was dry and the night was clear. True”
1 later decision quote this exact passagee.g. McDougal v. State
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.