24 W. Va. 354 - Core v. Marple’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The principal reason for this rule seems to be that an objection made or exception taken after the verdict has been rendered might affect very injurously the rights of the opposing party; for if notice had been promptly given of the exception he might have had it in his power at the time or during the trial to obviate or counteract it, and it would, therefore, be unjust to permit his adversary to insist on the exception and have the benefit of it after he has made it impossible to meet or obviate it by his own negligence or it may be by his contrivance. Very often evidence is offered or instructions asked which may not be regarded entirely free from objection by the party offering the same and without any serious desire to have the same go to the jury, but which, not being objected to, does go to the jury. In such case if objection had been made at the time, such evidence or instruction would probably have been withdrawn by the party or rejected by the court. It would in such case be unjust to the opposite party and unfair to the court as well as a premium to negligence and sharp practice to allow the party to have the verdict set aside. For these and other obvious reasons a party cannot be permitted to take his chances with the jury and at the same time hold in reserve some inadvertence or avoidable mistake to destroy and set aside the verdict if it happens to be against him.””

   1 later decision quote this exact passage
   e.g. 133 W. Va. 817 - Burk v. Huntington Development & Gas Co.