Thaddeus G. Benton v. Francis M. Blair’s Empirical Analysis
228 F.2d 55 · 1956
Citation profile
34 federal appellate · 2 state decisions
How this case has been cited
Cited by 41 later decisions — most recently August 2010 · most notably Hodgson v. Brookhaven General Hospital (1970), Weissinger v. United States (1970)
34 federal appellate · 2 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.
Appellate journey
reviewedthe decision below (from Texas Southern District Court)
Relationships
Relies on Chesapeake Ry Co v. Martin · Quock Ting v. United States · Sonnentheil v. Christian Moerlein Brewing Co. · Foran v. Commissioner · Allred v. Sasser
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[O]n a motion made under Rule 41(b), the judge, when sitting without a jury, must weigh and evaluate the evidence in the same manner as if he were making findings of fact at the conclusion of the entire case. The Rule also provides that these findings of fact shall be made `as provided in Rule 52(a)', and the defendant validly reasons that since Rule 52(a) states that findings of fact shall not be set aside unless clearly erroneous, that test must apply in our review of the district court's findings in this case.”
1 later decision quote this exact passage · from the majority“an oral contract of the terms and tenor that the plaintiff contends for.”
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.