Hayes v. Viola’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We are fully cognizant of the oft-repeated principle that great weight should be given to the findings of fact of the trial court, and except for manifest error, its findings should not be overturned. However, we agree with our brothers of the Second Circuit, who dealt with this principle in Johnston v. Bearden, 127 So.2d 319, 326, 327 (La. App. 2d Cir. 1961), and said: `Defendants contend that the trial court should not be reversed upon a finding of fact unless manifestly erroneous. While it is true, where the issues presented are factual in nature, great weight should be accorded the conclusions and findings of the trial court, nevertheless, it is the constitutional duty of appellate courts to consider questions of fact, and appellants are entitled to the performance of that duty by the court. Pursuant to such constitutional duty, an appellate court should give consideration to questions of fact where presented as issues for determination and to exercise its judgment thereon. Brown v. Louisiana Ry. & Nav. Co., 147 La. 829 , 86 So. 281 ; Esteve v. Continental Southern Lines, La.App.Orleans, 1955, 83 So.2d 404, 408 ; Wooten v. Thompson, La.App. 1st Cir. 1953, 69 So.2d 557, 564 . `Where, in a proper analysis of the facts, an appellate court differs with the trial court or jury, it is its duty to reverse the trial court.'"”

   2 later decisions quote this exact passage
   e.g. American Fidelity Fire Insurance v. Southern Railway Co. · 228 So. 2d 667 - Henson v. Travelers Insurance Company