Shaw v. Garrison’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Submitting special issues of fact raised by the evidence to the jury for their determination, or refusing such submission, is, however, in no sense the giving or refusing to give a special charge, and hence in no respect controlled by the technical and particular provisions of the amendments and their construction referred to. ‘Such a request is neither a charge given nor a requested charge refused, and it stands upon a very different footing.’ G., H. & S. A. Ry. Co. v. Cody, 92 Tex. 632 , 51 S. W. 329 ; Texarkana & Ft. Smith Ry. Co. v. Casey, 172 S. W. 729 . The objection in the one case is to the law as applied by the trial judge arising upon the facts, while in the other case the objection is to the method and manner of directing the jury what facts they shall determine from the evidence.””

   1 later decision quote this exact passage
   e.g. Carter v. Haynes

2. ““In all jury cases the court, upon request of either party, shall submit the cause upon special issues raised by the pleadings and the evidence in the case.””

   1 later decision quote this exact passage
   e.g. Panhandle & S. F. Ry. Co. v. Cowan