Stanley v. Beckham’s Empirical Analysis

Citation profile

9 federal appellate ·

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

1. ““But it is «lid there was no offer to show the substance of tile testimony proposed to be elicited by the questions propounded and excluded in rebuttal, and therefore it does not appear that (heir exclusion was reversible error. The premise is correct, but not the conclusion. The con (rolling rule, applicable where the witness testifies in person at the trial, and not by deposition, as stated by Mr. Justice Harlan, in Buckstaff v. Russell, 151 U. S. 626 , 637, 11 Sup. Ct. 448 , 452, 38 L. Ed. 292 , is this: ‘if the question is in proper form, and clearly admits of an answer relevant to the issues and favorable to the party on whose side the witness is called, it will be error to exclude it. Of course, the court, in its discretion, or on motion, may require the party, in whose behalf the question is put, to state the facts proposed to be proved by the answer; but, if that be not done, the rejection of the answer will be deemed error or not, according as the question upon its face, if proper in form, may or may not clearly admit of an answer favorable to the party in whose behalf it is propounded.’ [Oases cited.] As it is plain that here the questions were in proper form, were relevant to the issues, and admitted of answers favorable to the party in whose behalf they were propounded, and as a statement of what was proposed to.be proved was not required by the court, there was prejudicial error in not permitting the questions to be answered.””

   1 later decision quote this exact passage · from the majority
   e.g. Harris v. Brown

2. ““It is said that the evidence was so overwhelmingly in favor of the defendant that, notwithstanding the matters here considered, no jury would have found for the plaintiff; but of this it is enough to observe that, while the evidence for defendant was strong and persuasive, there was yet such a conflict between it and the evidence for the plaintiff as to entitle the- latter to a submission of the issues to the jury.””

   1 later decision quote this exact passage · from the majority
   e.g. National Surety Corp. v. Heinbokel