Johnson v. Hoffman’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It must be premised that the law of the state of Oregon does not permit a nonsuit to be granted whenever there is some competent evidence produced by the plaintiff in the trial of a cause supporting each material allegation of his complaint. This court has frequently declared that a motion for nonsuit is in the nature of a demurrer to the evidence, and that such motion admits not only all that the evidence proves but all that it tends to prove: Collins v. United Brokers Co., 99 Or. 556 ( 194 P. 458 ); Carty v. McMenamin & Ward, 108 Or. 489 ( 216 P. 228 ). A motion for a directed verdict presents the same question for decision as does a motion for judgment of nonsuit. ””

   1 later decision quote this exact passage
   e.g. Lamm v. Silver Falls Timber Co.

2. ““The court may not take the cause from the jury if there is some competent evidence produced by the plaintiff supporting each material allegation in the complaint. The evidence is circumstantial. Yet each item of evidence is to be considered with all of the circumstances of the case. When so considered, to what conclusion of fact do they lead touching the question here? May the court say that there is such an absence of proof that the cause should not be submitted to the jury? After considering the question carefully, we are of the opinion that the lower court rightfully determined that the said motions of appellant should be overruled.””

   1 later decision quote this exact passage
   e.g. Hornshuh v. Alldredge