Underhill v. Motes’s Empirical Analysis
1946
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently March 1968
20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Sams v. Commercial Standard Insurance · Taggart v. Yellow Cab Co. · Montague v. Burgerhoff · Johnson v. Soden · Kallail v. Solomon
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.
““The trial court was clearly dissatisfied with the general verdict and with some of the special findings and, it would appear, quite properly so. But what was the extent of its power under those circumstances? It was to set them aside and to grant a new trial. (Ward v. Grant, 138 Kan. 363 , 26 P. 2d 279 ; Tritle v. Phillips Petroleum Co., 140 Kan. 671, 676 , 37 P. 2d 996 .) Any other ruling would in reality constitute a substitution of the court’s-judgment for that of the jury and a denial of the right of trial by jury. (Walker v. Colgate-Palmolive-Peet Co., supra, p. 193.)” (p. 682.)”
1 later decision quote this exact passage · from the majority““It must always be remembered that in the consideration of a question of inconsistency between answers to special questions and the general verdict nothing will be presumed in aid of the special findings and that every reasonable presumption will be indulged in favor of the general verdict. (Citing cases.) Therefore, unless the special findings clearly overthrow the general verdict the latter must be permitted to stand. (Citing cases.) In other words, the special findings must be of such a character as to compel the court to set aside tire general verdict.” (p. 682.)”
1 later decision quote this exact passage · from the majority““Appellees, however, insist there was ample evidence the cows died of grasshopper poisoning and no evidence that they died from any other cause. Appellees overlook the fact that while a jury is obliged to consider all evidence it is not required to believe and accept as true the evidence of a witness, or witnesses, merely because there is no direct evidence to contradict the same.””
1 later decision quote this exact passage · from the majoritye.g. Reeves v. Child
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.