Sarvis v. Folsom’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Where the verdict is excessive, the practice of substituting a remission of the excess for a new trial is not without plausible support in the view that what remains is included in the verdict along with the unlawful excess—in that sense that it has been found by the jury—and that the remittitur has the effect of merely lopping off an excrescence. But, where the verdict is too small, an increase by the court is a bald addition of something which in no sense can be said to be included in the verdict.... To so hold is obviously to compel the plaintiff to forego his constitutional right to the verdict of a jury and accept `an assessment partly made by a jury which has acted improperly, and partly by a tribunal which has no power to assess.'"”

   3 later decisions quote this exact passage
   e.g. Brant v. Dollar Rent a Car Systems, Inc. · 760 So. 2d 262 - Beauvais v. Edell

2. “We hold, in line with what we consider to be the better rule and the weight of authority, that in actions at law involving controverted and unliquidated damages courts are without power to require a party to consent to an additur as a condition to refusal to grant a new trial.”

   1 later decision quote this exact passage
   e.g. 940 So. 2d 1105 - Waste Management, Inc. v. Mora

3. “The right of trial by jury shall be secure to all and remain inviolate....”

   1 later decision quote this exact passage
   e.g. 816 So. 2d 572 - ITT Hartford Ins. Co. of the SE v. Owens