Shepard v. Telegraph Co.’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 7 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Wigmore in his elaborate treatise shows the shifting and progressive nature of the burden of producing evidence for the satisfaction of the judge as well as the permanent and non-shifting nature of the burden of proof (the non-persuasion of the jury), which remains at all times with the proponent of the issue, to be established by a preponderance of the evidence. 9 Wigmore on Evidence, 3d Ed., Sec. 2485-2489. See also 2 Chamberlayne, Modern Law of Evidence, Sec. 940, etc.; McKelvey on Evidence, 75. “In Board of Education v. Makely, 139 N.C. 31 , 51 S.E. 784 , and Shepard v. Western Union Telegraph Co., 143 N.C. 244 , 55 S.E. 704 , 118 Am.St.Rep. 796 , is cited a terse and apt quotation from 1 Elliott on Evidence, as follows: ‘The burden of the issue, that is, the burden of proof, in the sense of ultimately proving or establishing the issue or case of the party upon which such burden rests, as distinguished from the burden or duty of going forward and producing evidence, never shifts, but the burden or duty of proceeding or going forward often does shift from one party to the other, and sometimes back again. Thus, when the actor has gone forward and made a prima facie case, the other party is compelled in turn to go forward or lose his case, and in this sense the burden shifts to him. So the burden of going forward may, as to some particular matter, shift again to the first party in response to the call of a prima facie case or presumption in favor of the second party. But th”

   1 later decision quote this exact passage
   e.g. Super Service Motor Freight Co. v. United States

2. “The burden of the issue as to the guilt of the prisoner, except where the law raises a presumption of law as distinguished from a presumption of fact, remains on the State throughout, and when evidence is offered (by defendant) to rebut the presumption of fact raised by the evidence (of the State), the burden is still on the State to satisfy the jury of the guilt of the prisoner upon the whole evidence. Notably, when the prisoner offers proof of an alibi, for example, which goes to the proof of the act. S. v. Josey , 64 N.C. 56 .”

   1 later decision quote this exact passage
   e.g. Page v. . Mfg. Co.