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← 120 Ind. App. 184 - Haynes v. Brown

120 Ind. App. 184 - Haynes v. Brown’s Empirical Analysis

1949

Citation profile

33
cited by 33 later decisions
1
states following
September 1980
most recently cited

33 state decisions

How this case has been cited

Cited by 33 later decisions — most recently September 1980 · most notably Asc Corporation v. First Nat. Bank, Etc. (1960), 120 Ind. App. 218 - Walton v. Wilhelm (1950)

33 state decisions

14019491950196019701980decided

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 McKee v. Mutual Life Ins. Co. of New York · Wilson, Admx. v. Rollings · Wright v. Peabody Coal Co. · Cole v. Sheehan Construction Company · Board of Co. Comm. St Joseph County v. Nevins

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.

  1. “"... And even though an item of evidence is not expressly or directly denied or refuted, it does not necessarily stand as uncontradicted evidence, for the trier may disregard or disbelieve oral evidence if it is considered unreasonable or inconsistent with facts and circumstances shown by the other credible evidence in the case. Wright v. Peabody Coal Co. (1948), 225 Ind. 679 , 77 N.E.2d 116 . "Nor does a lack of contradiction or dispute in the evidence of itself make us the finders of the facts or justify us in substituting our judgment for that of the trial court. We can only do that when the evidence is all one way, and but one conclusion could be reached from the facts proved, Wiggam v. Rhodes Estate (1931), 92 Ind. App. 491 , 176 N.E. 250 ; Wilson, Admx. v. Rollings, supra; Pearson Co., Inc. v. Cohen, et al., supra; for uncontradicted evidence will sometimes support conflicting inferences, and when that is the case, the inferences drawn by the trier of the facts will prevail."”
    3 later decisions quote this exact passage
  2. “"The credibility of witnesses and the weight to be given oral testimony is ordinarily to be determined by the trier of the facts. Of course, the trier of facts cannot arbitrarily reject items of oral evidence, but even though a particular item of evidence is not expressly or directly contradicted, this does not prevent consideration of other evidence, including circumstances and surroundings that might in any way affect the weight or credibility of such evidence. Among the factors that may be considered in determining the credit to be given to the testimony of a witness are: The interest of the witness, if any, in the outcome of the trial; his bias and prejudice, if any is shown; his opportunity for knowing and recollecting the facts about which he testified; the probability or improbability of his testimony; and his demeanor while on the witness stand."”
    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.