Moore v. Environmental Construction Corp.’s Empirical Analysis

Citation profile

2 federal appellate · 3 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In ruling on either a motion for a directed verdict or a motion for judgment notwithstanding the verdict, a trial court is under a duty to consider the evidence in the strongest possible light in favor of the party opposing the motion. Furthermore, it is required to give the opposing party the advantage of every fair and reasonable inference which can be drawn from the evidence. And, it is precluded from entering either a directed verdict or judgment n.o.v. unless there is a complete absence of proof on a material issue in the action, or if no disputed issue of fact exists upon which reasonable men could differ.”

   1 later decision quote this exact passage · from the dissent
   e.g. Carter v. Coalfield Lumber Company, Inc.

2. “Upon review of the Order Granting JNOV, we must examine the trial court’s decision under the clearly erroneous standard.... That is to say, we must review all the evidence presented to the jury and must uphold the trial court’s decision if after all the evidence is construed most favorably to the verdict winner, a finding in his favor would not be made by a reasonable [person],”

   1 later decision quote this exact passage · from the majority
   e.g. Sawyer v. Mills

3. “The defendant who acts in the belief or consciousness that the act is causing an appreciable risk of harm to another may be negligent, and if the risk is great the conduct may be characterized as reckless or wanton, but it is not an intentional wrong.”

   1 later decision quote this exact passage · from the majority
   e.g. Cox v. Koninklijke Philips, N.V.