Hogan v. Carter’s Empirical Analysis
1983
Citation profile
3 federal appellate · 30 state decisions
How this case has been cited
Cited by 39 later decisions — most recently August 2012 · most notably 40 Va. App. 165 - Crest v. Commonwealth (2003), Robinson v. Old Dominion Freight Line, Inc. (1988)
3 federal appellate · 30 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Bassett Furniture Industries, Inc. v. McReynolds · Massie v. Firmstone · King v. Commonwealth · Interstate Veneer Co. v. Edwards · Grasty v. Tanner
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“On appeal in such cases, this Court does not sit to determine whether a damage award is excessive as a matter of law. While a trial judge may not arbitrarily substitute his opinion for that of the jury, he has both the power and the duty to correct a verdict which he finds so excessive as to shock the conscience of the court or to compel the conclusion that the verdict was the product of passion or prejudice or some misunderstanding of the facts or the law. When the judge makes such a finding, it is our sole function to determine whether he has abused the discretion accorded him by the statutes and the common law. We can make that determination only when the judge states the reasons underlying his decision. If the record on appeal contains no such statement, we will reverse the order of remittitur, reinstate the damage award, and, absent reversible error on the issue of liability, enter final judgment on the verdict. On the other hand, if the judge’s statement shows that “in reaching his conclusion, he considered factors in evidence relevant to a reasoned evaluation of the damages incurred and to be incurred, his order will not be disturbed on appeal if the recovery after remittitur bears a reasonable relation to the damages disclosed by the evidence.” [Bassett,] 216 Va. at 912 , 224 S.E.2d at 332 .”
2 later decisions quote this exact passage · from the majority“[W]e have held that evidence of excessive speed at one place on a highway is not sufficient, standing alone, to justify an inference of excessive speed at another place. But we have never held that this rule is absolute or that proof of speed at the moment of impact must be conclusive.”
1 later decision quote this exact passage · from the majority“As defined, refined, and distilled in [subsequent] cases, the rule relevant to actions in tort is that a litigant whose testimony, considered as a whole, conclusively absolves an alleged tortfeasor of actionable negligence forfeits the cause of action against him ....”
1 later decision quote this exact passage · from the majoritye.g. Payne v. Gloeckl
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.