187 W. Va. 515 - Gebhardt v. Smith’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`Rule 59(a), [West Virginia Rules of Civil Procedure], provides that a new trial may be granted to any of the parties on all or part of the issues, and in a case where the question of liability has been resolved in favor of the plaintiff leaving only the issue of damages, the verdict of the jury may be set aside and a new trial granted on the single issue of damages.' Syl. pt. 4, Richmond v. Campbell, 148 W.Va. 595 , 136 S.E.2d 877 (1964).”

   2 later decisions quote this exact passage · from the majority
   e.g. 190 W. Va. 410 - Liston v. University of West Virginia Board of Trustees Ex Rel. West Virginia University · 191 W. Va. 39 - Wilt v. Buracker

2. ““ ‘ “ ‘Where a verdict does not include elements of damage which are specifically proved in uncontroverted amounts and a substantial amount as compensation for injuries and the consequent pain and suffering, the verdict is inadequate and will be set aside.’ ” ’ ” (Citation omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. 198 W. Va. 307 - King v. Ferguson

3. ““In an appeal from an allegedly inadequate damage award, the evidence concerning damages is to be viewed most strongly in favor of the defendant.””

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. Garlow