Koyer v. McComber’s Empirical Analysis
1938
Citation profile
47 state decisions
How this case has been cited
Cited by 47 later decisions — most recently July 1989 · most notably Sinz v. Owens (1949), Mazzotta v. Los Angeles Railway Corp. (1944)
47 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 46 Cal. App. 148 - Ham v. County of Los Angeles · Harrison v. Sutter Street Railway · Philbrook v. Randall · Morris v. Standard Oil Co. · 58 Cal. App. 509 - Griffey v. Pacific Electric Railway Co.
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘Whatever may be the rule which should govern the trial judge, it is certain that when his action in granting a new trial on the ground of excessive damages . . . comes to be reviewed on appeal, his order will not be reversed unless it plainly appears that he abused his discretion; and the cases teach that when there is material conflict of evidence regarding the extent of damage the imputation of such abuse is repelled, the same as if the ground of the order were insufficiency of the evidence to justify the verdict.’ ” (See also Van Ostrum v. State, 148 Cal.App.2d 1, 5 [ 306 P.2d 44 ]; Parks v. Dexter,”
1 later decision quote this exact passage““... where a trial court grants a new trial upon the ground that the verdict is excessive, the declaration of the court that it is excessive does not necessarily mean that the trial court was of the opinion that the verdict was the result of passion or prejudice. It is susceptible of the interpretation that the trial court was not satisfied that the finding of the jury as to the extent of damage suffered by the plaintiff was supported by the evidence adduced upon that phase of the case. (Meinberg v. Jordan, 29 Cal.App. 760 [ 157 P. 1005, 1007 ].)””
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.