Key v. Hamilton’s Empirical Analysis
2012
Citation profile
9
cited by 9 later decisions
2
states following
December 2018
most recently cited
1 federal appellate · 8 state decisions
Relationships
Relies on Palsgraf v. Long Island R.R. Co. · Webb v. Jarvis · Dreaded, Inc. v. St. Paul Guardian Insurance Co. · Essex v. Ryan · Elmer Buchta Trucking, Inc. v. Stanley
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Just because [a signaled driver] had a duty to yield to [an oncoming vehicle] at the intersection does not preclude others, including [the signaling motorist], from also having a duty of care to [the driver of an oncoming vehicle] or any other, motorist on the road at the same time. For example, there can be no doubt that the injured [driver of the oncoming vehicle] owed a duty of care when he entered that intersection. Likewise, had there been a police officer directing traffic at the scene, he would have also owed a duty of care. The point is that more than one person may have a duty of care in a particular situation. Consequently, the question is not whether [the signaling motorist] was taking away [the signaled driver]’s duty toward [the driver of the oncoming vehi- ele] in this situation; rather, the question is whether he had his own individual duty toward [the driver of the oncoming vehicle].””
1 later decision quote this exact passagee.g. Pell v. Tidwell“A person who drives a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a vehicle approaching from the opposite direction that is within the intersection or so close to the intersection as to constitute an immediate hazard. After yielding and giving a signal as required by this chapter, the person who drives the vehicle may make the left turn, and the persons who drive other vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the vehicle making the left turn.”
1 later decision quote this exact passage“[w]hether an act is the proximate cause of an injury depends upon whether the injury was a natural and probable consequence of the negligent act which, in light of the attending circumstances, could have been reasonably foreseen or anticipated. The negligent act must set in motion the chain of circumstances which contribute to or cause the resulting injury.”
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.