Dent v. Bryce’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It follows, then, that a verdict in direct conflict with the law of the court is a verdic-t against the law, and will in all cases be vacated in the first instance, either sua sponte by the judge, or on motion of the aggrieved party. Any other doctrine would lead to the utmost confusion. If the jury could question the charge of the judge, the result would be that in every case the rvhole case, both law- and facts, would go to the jury, under the hope that, whatever might be the- charge of the judge at the time, he could be satisfied afterwards that he was in error. This -could not be tolerated. It would degrade the judiciary and unhinge the whole system. The argument of the respondent, by which he attempts to- draw a distinction between a verdict -contrary to the charge of the judge and one-contrary to law, though ingenious, fails to meet the case. In fact, that doctrine would open- the door to the very evil which a separation of the powers and- duties of the court and jury was intended to prevent. So far as the jury is concerned, there is no such thing as the charge of the judge being contrary to law, because, whatever may be 'his -charge, it is the law to them.””

   1 later decision quote this exact passage · from the majority
   e.g. Gartner v. Mohan