Simeon v. Schroeder’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““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
   e.g. Osborn v. Wheat Growers Mutual Hail Insurance

2. ““. . . Under our statute (G. S. 1935 60-3317) error complained of which does not prejudice the substantial rights of a party affords no sound basis for the reversal of a judgment and must be disregarded. This rule is, of course, applicable where errors or defects in the instructions become nonprejudicial by reason of special findings (see Sternbock v. Consolidated Gas Utilities Corp., 151 Kan. 81, 91 , 98 P. 2d 162 ).” (p. 474.)”

   1 later decision quote this exact passage · from the majority
   e.g. Cherry v. State Automobile Insurance Association