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← 125 So. 2d 478 - Johnson v. Cloud

125 So. 2d 478 - Johnson v. Cloud’s Empirical Analysis

1960

Citation profile

10
cited by 10 later decisions
1
states following
June 1970
most recently cited

10 state decisions

Relationships

Relies on Roberts v. MS Carroll Co. · Caldwell v. Caldwell · Smith v. Clemmons · Burk v. Gulf Refining Co. of Louisiana

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

  1. “"The jurisprudence of this State has been established to the effect that in a compensation case, as in other cases, plaintiff bears the burden of proof, and he is required to establish his claim with reasonable certainty by a preponderance of the evidence. Burk v. Gulf Refining Co. of Louisiana, La. App.1936, 171 So. 135 ; Dours v. Travelers Ins. Co., La.App.1950, 48 So.2d 817 ; Caldwell v. Caldwell, La.App. 1950, 55 So.2d 258 ; Roberts v. M. S. Carroll Co., La.App.1953, 68 So.2d 689, 693 . "In Roberts v. M. S. Carroll Co., supra, for example, the Court of Appeal, Second Circuit, said: "`Under the circumstances, and in view of the even balance as between the evidential support of the opposing contentions of plaintiff and defendants, we can only conclude that plaintiff failed to support his claim by the requisite preponderance of the evidence. The most that could be said in support of plaintiff's position is that he has succeeded in establishing a possibility of disability resulting from the accidental injury. The jurisprudence of every appellate tribunal of this state has incontrovertibly established the rule that the plaintiff in a compensation case, as in other cases, bears the burden of proof. He is required to establish his claims to a legal certainty by a reasonable preponderance of the evidence. Speculation, conjecture, mere possibility, and even unsupported probability, are not sufficient to support a judgment. These principles have been stated, restated, iterated, rei”
    4 later decisions 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.