Burgin v. Newman’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Before narrating essential portions of defendants’ evidence it will be helpful to again state a few fundamental principles governing the ruling on a demurrer to evidence. In determining such a ruling courts do not compare the evidence of witnesses or evidence of the same witness on direct and cross-examination. Only the evidence favorable to the party adducing it is considered. All such evidence is admitted as true and if it together with all inferences reasonably to be drawn therefrom in favor of the parties adducing it tends to establish a cause of action or defense the demurrer must be overruled. (Zumbrun v. City of Osawatomie, 130 Kan. 719, 721 , 288 Pac. 584 ; Robinson v. Short, 148 Kan. 134 , 79 P.2d 903 ; Myers v. Shell Petroleum Corp., 153 Kan. 287 , 110 P.2d 810 ; In re Estate of Bond, 158 Kan. 776, 781-782 , 150 P. 2d 343 .)” (l.c. 593.)”

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