147 Ind. App. 584 - Collins v. Grabler’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““My view in this regard is given persuasive support by the most recent action taken by the Indiana Supreme Court in this area. TR. 59(E) of the new Indiana Rules of Civil Procedure requires that when a new trial is granted the trial judge must make special findings in support of the ruling and that if the ruling is to the effect that the verdict was against the weight of the evidence, the finding must relate the supporting and opposing evidence to each issue upon which a new trial was granted. “At least one perspicacious observer immediately noted that such rule indicates a conscious desire on the part of our Supreme Court to safeguard the fact-finding process and insulate it from well-intentioned trial courts. Greenebaum, Post-Trial Motions under the New Indiana Rules, 45 Ind. L. J. 377, at 381-382. That this more restrictive requirement concerning the granting of new trial was deliberate on the part of the Supreme Court is further indicated by the fact that the General Assembly deleted the provision from the Study Commission’s proposed draft [Acts 1969, eh. 191, §1, Rule 59(E)], but that said provision was reinstated by the Supreme Court in promulgation of the rules.””

   1 later decision quote this exact passage
   e.g. 152 Ind. App. 9 - Borowski v. Rupert