148 Ind. App. 233 - McNabb v. Mason’s Empirical Analysis
1970
Citation profile
27 state decisions
How this case has been cited
Cited by 27 later decisions — most recently February 2019 · most notably 174 Ind. App. 439 - Bassett v. Glock (1977), 182 Ind. App. 350 - South Tippecanoe School Building Corp. v. Shambaugh & Son, Inc. (1979)
27 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 144 Ind. App. 111 - Mayhew, Huston v. DEISTER · 145 Ind. App. 542 - Doe v. Barnett · Kapusta v. DePuy Manufacturing Co. · 144 Ind. App. 315 - Newcomb v. Cassidy
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[A] trial court upon summary judgment motion cannot, nor can we upon appeal, prejudge a plaintiffs ability to sustain his, or in this instance, her burden of proof upon the factual issues. The existence of factual issues, however, is quite a different question from that concerning the burden of establishing, as a matter of evidentiary proof, the facts alleged by plaintiff. We are here concerned only with the former question. We cannot prejudge that matter.””
2 later decisions quote this exact passage““While this court takes cognizance of the great procrastination exhibited in the prosecution of this cause and its incapacitating effect upon the process of justice, we must, under the circumstances nevertheless hold that the trial court erred in finding that there were no genuine issues of material fact. Notwithstanding the probability or improbability of plaintiff-appellant’s success upon trial or upon other proceedings below, we cannot here state as a matter of law that there is no such genuine issue. In so doing, the trial court erred.””
1 later decision quote this exact passage“"Even where the trial judge may surmise that the proponent of a motion for summary judgment is likely to prevail at the trial, this is not a sufficient basis for refusing the respondent to a motion for summary judgment his day in court with respect to any genuine issue as to a material fact."”
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.