Burgess v. Small’s Empirical Analysis
1955
Citation profile
7 state decisions
How this case has been cited
Cited by 7 later decisions — most recently December 1992
7 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 New York Life Insurance v. McNeely · Jordan v. Portland Coach Co. · Hardison v. Jordan · Simpson v. Shaw
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.
“The degree of particularity with which identification must be made in proof of a conversion in a trover action will vary with the circumstances of the case. Where, as here, there is opportunity for commingling ... identification must be made with reasonable certainty.... “The rule as to circumstantial evidence in a civil case is that a party will prevail if the preponderance of the evidence is in his favor.” .... The theory adopted by plaintiff must emerge as the most probable, and the evidence, if it is to suffice, must tend to eliminate other theories by force of the greater probability and rational consistency of the plaintiff’s theory. This requirement is not met by wishful thinking or a likely guess.”
1 later decision quote this exact passagee.g. D'Aston v. Aston
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.