Keller v. Miller’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . Today, however, under Rule 269, ‘(t)he party having the burden of proof on the whole case, or on all matters submitted by the charge shall be entitled to open and conclude the argument.’ If the only issues presented submit questions upon which the defendant has the burden of proof, he is entitled to open and close the argument. But the error of placing the burden upon the defendant where it correctly should be placed upon the plaintiff will not authorize the defendant to open and close the argument: the right rests with the party having the burden on the issues submitted, and a formal error cannot deprive him of that right.””

   1 later decision quote this exact passage
   e.g. Reynolds v. Park

2. ““Hearsay evidence is that kind of evidence which does not derive its value solely from the credit of the witness himself, but rests in part on the veracity and competency of some other person from whom the witness may have received his information.””

   1 later decision quote this exact passage
   e.g. Durant Chevrolet Co. v. Industrial Towel & Uniform Co.