Klein v. Miller’s Empirical Analysis

Citation profile

1 district · 8 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A verdict which does not conform to this statute, confers no authority to render a judgment upon it. Goyne v. Tracy, 94 Or. 216 , 185 P. 584 . “In the case at bar the verdict is not for the defendant. Its. assessment of ‘no damages’ nullifies its effect as a verdict jn favor of plaintiff. Bqing neither a verdict in favor of plaintiff nor a verdict in favor of defendant, it is in effect no verdict at all.””

   2 later decisions quote this exact passage
   e.g. Marr v. Nagel · Lacombe v. Murphy

2. ““A verdict in the instant case found for the plaintiff but failed to assess the amount of her recovery, expressly stating that she had suffered no damage. The gist of an action for false imprisonment is damage. Unless there was damage, the action cannot be maintained. The verdict as rendered is neither for the plaintiff nor for the defendants. If the jury had found that plaintiff had sustained nominal damages, only that would have been sufficient, but having found, in effect, as the verdict shows, that the imprisonment was unlawful, it was bound, under the statute, to find that the plaintiff had suffered at least nominal damages. ****** “It is impossible to ascertain from this verdict whether the jury intended to find for the plaintiff or for the defendants. Because of its uncertainty in this respect, it is not sufficient to support a valid judgment. . * * * When the verdict was returned in that form, it was the duty of the court to point out this defect to the jury and send it back with directions either to assess the damages or else return a verdict for defendants. Since the court failed .to perform that duty and the jury has been discharged, the judgment must be reversed. The case, therefore, will be remanded to the court below for such further proceedings as are not inconsistent herewith.” (Emphasis ours.)”

   1 later decision quote this exact passage
   e.g. Marr v. Nagel

3. ““ ‘When a verdict is found for the plaintiff in an action for recovery of money, or for the defendant when a counterclaim for the recovery of money is established beyond the amount of the plaintiff’s claim as established, the jury shall also assess the amount of recovery.’ ””

   1 later decision quote this exact passage
   e.g. Marr v. Nagel