Shields v. Murray’s Empirical Analysis
1971
Citation profile
13
cited by 13 later decisions
1
states following
July 1980
most recently cited
13 state decisions
Relationships
Relies on Casey v. Northern Pacific Ry. Co. · Teesdale v. Anschutz Drilling Company · Pickett v. Kyger · Campeau v. Lewis · Mellon v. Kelly
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.
“"This Court, on a number of occasions, has stated that cases and issues should not be withdrawn from a jury unless reasonable and fair-minded men could reach only one conclusion from the facts, Pickett v. Kyger, 151 Mont. 87 , 439 P.2d 57 ; Bridges v. Moritz, 149 Mont. 273 , 425 P.2d 721 ; Holland v. Konda, 142 Mont. 536 , 385 P.2d 272 . Genuine questions of fact should be submitted to the jury. Bridges v. Moritz. A corollary to the above rule is that substantial evidence justifying submission of an issue to a jury exists when reasonable men might reach different conclusions from the facts. Parini v. Lanch, 148 Mont. 188 , 418 P.2d 861 . "Holland v. Konda, supra, was an action by a guest passenger for personal injuries against her host driver and a third party driver. The host driver was Konda and the third party driver was Kaighn. Defendant Konda made motions for directed verdict against the plaintiff and also against defendant Kaighn as to his negligence. Plaintiff also made a motion for directed verdict against defendant Kaighn. The jury returned a verdict in favor of the plaintiff and against the defendant Kaighn. In affirming the verdict and judgment of the lower court, the Court stated: “ ‘The first question involves the lower court’s refusal to grant the appellant’s motion for a directed verdice. Konda alleges that there was a clear violation of R.C.M.1947, § 32-2167, hereinafter quoted, and thus the respondent Kaighn was guilty of negligence as a matter of law. “ ‘A j”
3 later decisions quote this exact passage · from the majority
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.