Smith v. Russ’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ I think, the correct rule, in regard to the granting or refusing of a new trial for the admission of irrelevant or improper evidence, is this: Where the exceptionable evidence is of little weight compared with the rest of the proof, and the latter fairly justifies the finding of the jury, a new trial will not be granted; but it must in all cases appear very satisfactorily that the verdict must and ought to have been the same whether the questionable evidence was admitted or not.” Smith v. Russ, 22 Wis. 439 .”

   1 later decision quote this exact passage
   e.g. Keating v. Pacific Steam Whaling Co.