Freeman v. Preddy’s Empirical Analysis
1953
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently August 2004
24 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 Matheny v. Central Motor Lines, Inc. · Collins v. . Lamb · Call v. Stroud · Yost v. Hall · Yellow Cab Co. of Charlotte, Inc. v. Sanders
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But this we need not now decide for technical error alone is not sufficient. New trials are not granted for error and no more. The burden is on the appellant not only to show error but also to show that he was prejudiced to the extent that the verdict of the jury was thereby probably influenced against him. [Citations omitted.] “The error must be ‘material and prejudicial, amounting to a denial of some substantial right,’ Wilson v. Lumber Co., 186 N.C. 56 , 118 S.E. 797 , and an error cannot be regarded as prejudicial to a substantial right of a litigant unless there is a reasonable probability that the result of the trial might have been materially more favorable to him if the error had not occurred. Call v. Stroud, 232 N.C. 478 , 61 S.E. 2d 342 ; Garland v. Penegar, 235 N.C. 517 , 70 S.E. 2d 486 . “In applying this rule, we have consistently held that when, upon a consideration of the whole record, it clearly appears that the appellant, under no aspect of the testimony, is entitled to recover and that the evidence considered in the light most favorable to him is such that the trial judge would have been fully justified in giving a peremptory instruction, or directing a verdict against him on the determinative issue or issues, any error committed during the trial will be deemed harmless. Gray v. Power Co., 231 N.C. 423 , 57 S.E. 2d 316 ; McArthur v. Byrd, 213 N.C. 321 , 195 S.E. 777 ; Foxman v. Hanes, 218 N.C. 722 , 12 S.E. 2d 258 ; Clark v. Henrietta Mills, 219 N.C. 1 , 12”
2 later decisions quote this exact passage“[n]ew trials are not granted for error and no more. The burden is on the appellant not only to show error but also to show that he was prejudiced to the extent that the verdict of the jury was thereby probably influenced against him.”
1 later decision quote this exact passage
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.