Kilmer v. Gustason’s Empirical Analysis
211 F.2d 781 · 1954
Citation profile
11 federal appellate · 7 state decisions
Relationships
Relies on Sunray Oil Corp. v. Allbritton · Atlantic Coast Line R. v. Burkett · Community Natural Gas Co. v. Henley · Houston Coca-Cola Bottling Co. v. Kelley · 63 So. 2d 258 - Embrey v. Southern Gas & Electric Corp.
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Appellants also assert that the judgments are excessive, and should for that reason be reversed, citing several Iowa cases to support the charge of excessiveness. A federal appellate court, however, does not undertake to determine whether a verdict is excessive in fact, but only whether the district court abused its discretion as a matter of law in granting or refusing a new trial on the ground of excessiveness. [Citing cases.] Certainly it can not be said that these judgments are so inordinately excessive as to be contrary to reason, or the result of sympathy, passion, or prejudice, so as to render them excessive in law.”
1 later decision quote this exact passage · from the majority
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.