186 W. Va. 244 - Cale v. Napier’s Empirical Analysis
1991
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently December 2023
14 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 95 Ill. 2d 452 - Franciscan Sisters Health Care Corp. v. Dean · 143 W. Va. 250 - Jenkins v. Chatterton · 161 W. Va. 769 - Jividen v. Legg · 112 W. Va. 85 - Nichols v. Raleigh-Wyoming Coal Co. · State Ex Rel. Hooten Construction Co. v. Borsberry Construction Co.
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`Upon a motion to direct a verdict for the defendant, every reasonable and legitimate inference fairly arising from the testimony, when considered in its entirety, must be indulged in favorably to plaintiff; and the court must assume as true those facts which the jury may properly find under the evidence. Syllabus, Nichols v. Raleigh-Wyoming Coal Co., 112 W.Va. 85 [, 163 S.E. 767 (1932)].'”
3 later decisions quote this exact passage“Advanced age or physical or mental infirmities of the testator can be shown to establish that undue influence was exerted. In a will contest on a charge of undue influence, evidence is admissible to show that the testator had previously either expressed an intention to make a contrary disposition of the property or had a prior will which made a disposition contrary to that of the contested will.”
1 later decision quote this exact passagee.g. Milhoan v. Koenig“[a]lthough mere speculation will not sustain the plaintiffs' burden of proof, both direct and circumstantial evidence can be used[.]”
1 later decision quote this exact passage
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.