140 Ind. App. 273 - Boswell v. Washington’s Empirical Analysis
1966
Citation profile
13 state decisions
Relationships
Relies on 110 Ind. App. 633 - Tabor v. Continental Baking Company · Swanson v. Slagal, Administratrix · 122 Ind. App. 597 - Phares v. Carr · Novak, Admx., Etc. v. Chi. & C. Dist. Tr. Co. · 119 Ind. App. 481 - Neuwelt v. Roush
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““This court has held in many cases that a peremptory instruction for a defendant will be upheld only if one or more of the material allegations of the complaint essential to recovery are not supported by evidence of probative value or by any reasonable inference that may be drawn therefrom. Bradford v. Chism (1963), 134 Ind. App. 501, 505 , 186 N. E. 2d 432 , 1 Ind. Dec. 21 , 23 (Trans. denied) ; Phares v. Carr (1952), 122 Ind. App. 597, 600 , 106 N. E. 2d 242 (Trans. denied) ; 2 F. W. & H., Ind. Tr. & App. Pract. (1963 P.P.), § 1661, p. 96. “ Tt is a familar rule that in considering the appropriateness of a directed verdict, the court must accept as true all facts which the evidence tends to prove and draw, against the party requesting such instruction, all inferences which the jury might reasonably draw, * * *.’ Vann v. Vernon General Ins. Co. (1956), 126 Ind. App. 503, 507 , 133 N. E. 2d 70 , 134 N. E. 2d 235; Tabor v. Continental Baking Co. (1942), 110 Ind. App. 633, 639 , 38 N. E. 2d 257 . (Trans. denied) ; 2 F. W. & H., Ind. Tr. & App. Pract (1963 P.P.), §1661, Comment 2, p. 97.” Boswell v. Washington (1966), 140 Ind. App. 273 , 221 N. E. 2d 184 , 9 Ind. Dec. 346 , 347 (Transfer denied.)”
1 later decision quote this exact passage““This court has held in many cases that a peremptory instruction for a defendant will be upheld only if one or more of the material allegations of the complaint essential to recovery are not supported by evidence of probative value or by any reasonable inferences that may be drawn therefrom.” Boswell v. Washington (1967), 140 Ind. App. 273 , 221 N. E. 2d 184, 185 , 9 Ind. Dec. 346 , 347, (Trans. denied).”
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.