Russo v. Dinerstein’s Empirical Analysis
1951
Citation profile
8
cited by 8 later decisions
2
states following
February 1963
most recently cited
8 state decisions
Relationships
Relies on Lombardi v. Wallad · Ogden v. Aspinwall · Middletown Trust Co. v. Bregman · Koskoff v. Goldman · Ricker v. Freeman
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`It [the rule as to the inference] is not applicable until the plaintiff has first made out a prima facie case. The inference drawn from the failure to testify does not supply the place of evidence of material facts and does not shift the burden of proof so as to relieve the party upon whom it rests of the necessity of establishing a prima facie case, although it may turn the scale, when the evidence is closely balanced.'”
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.