Kaker v. Parrish’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * It is to be remembered that our statute (Vernon’s Sayles’ Texas Civil Statutes, art. 2021) which authorizes a consideration of the testimony of jurors for the purpose of impeaching their verdict is contrary to the rule of the common law, and hence .that a litigant so asking to disturb a verdict against Mm has the burden of showing, not only that the matters of which he complains amount to misconduct on the part of the jury, but also that the same operated to his prejudice. San Antonio Traction Co. v. Cassanova [Tex. Civ. App.] 154 S. W. 1190 , and cases therein cited. It is also to be remembered that the statute expressly commits the determination of such questions to the ‘discretion’ of the trial court, and, while such discretion is reviewable on appeal, his action in overruling the motion for a new trial on the ground of misconduct of the jury will not be disturbed when it seems that the trial judge acted fairly in the investigation. See Railway Co. v. Gray, 105 Tex. 42 , 143 S. W. 606 .””

   1 later decision quote this exact passage
   e.g. Northern Texas Traction Co. v. Bryan