Hames v. Rust’s Empirical Analysis
1939
Citation profile
52 state decisions
How this case has been cited
Cited by 52 later decisions — most recently January 1973 · most notably Mercer v. Perez (1968), 28 Cal. 2d 357 - Ballard v. Pacific Greyhound Lines (1946)
52 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 Wendling Lumber Co. v. Glenwood Lumber Co. · 119 Cal. App. 117 - Peri v. Culley · 92 Cal. App. 230 - Hanlon Drydock & Shipbuilding Co. v. Southern Pacific Co. · Weringer v. Rutledge
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The state of the record is such that we cannot say that the trial court erred or abused its discretion in granting the plaintiff's motion for a new trial on the ground of insufficiency of the evidence. The rules of law applicable to an appeal from such an order are well settled. A trial court in considering a motion for new trial is not bound by the rule of conflicting evidence. [Citing cases.] When the motion is granted, as here, for insufficiency of the evidence, it is only in rare cases showing abuse of discretion that an appellate court will interfere because the trial judge must weigh all the evidence and determine the just conclusion to be drawn therefrom. [Citing cases.] It cannot be held that a trial court has abused its discretion where there is a conflict in the evidence or where there is any evidence which would support a judgment in favor of the moving party.”
1 later decision quote this exact passagee.g. Estate of Green““In granting that motion, the trial court ‘particularly’ relied on the ground of insufficiency of the evidence. In passing on a motion for new trial made upon that ground, a trial court weighs the evidence and the inferences to be drawn therefrom, and when the motion is granted its action will not be disturbed unless there has been an abuse of discretion; and it cannot be held that a trial court has abused its discretion”
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.