189 So. 2d 893 - Danek v. Hoffman’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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When the judge, who must be presumed to have drawn on his talents, his knowledge and his experience to keep the search for the truth in a proper channel, concludes that the verdict is against the manifest weight of the evidence, it is his duty to grant a new trial, and he should always do that if the jury has been deceived as to the force and credibility of the evidence or has been influenced by considerations outside the record, * * * * * * * * * * "The burden to make error clearly appear is on the appellant. Although when such an attempt is made the record must be examined by the appellate court, the assailant cannot content himself simply to submit the record and expect the order to be upset if the reviewing body finds, in cold type without benefit of any of the circumstances known to the trial judge, and never to be known to the appellate court, that there appears to be some `substantial competent evidence' supporting the verdict.”

   1 later decision quote this exact passage · from the majority
   e.g. North Dade Imported Motors, Inc. v. Brundage Motors, Inc.

2. “"When a motion for new trial is made it is directed to the sound, broad discretion of the trial judge, Poindexter v. Seaboard Air Line R. Co., Fla., 56 So.2d 905 , Mead v. Bentley, Fla., 61 So.2d 428 , who because of his contact with the trial and his observation of the behavior of those upon whose testimony the finding of fact must be based is better positioned than any other one person fully to comprehend the processes by which the ultimate decision of the triers of fact, the jurors, is reached, ..." 110 So.2d at 673 .”

   1 later decision quote this exact passage · from the majority
   e.g. 352 So. 2d 1196 - Weems v. Dawson

3. “a stronger showing is required to upset an order granting than an order denying a motion for new trial”

   1 later decision quote this exact passage · from the majority
   e.g. 193 So. 2d 492 - Ward v. Orange Memorial Hospital Association, Inc.