Burch v. Reading Co.’s Empirical Analysis
240 F.2d 574 · 1957
Citation profile
20 federal appellate · 4 district · 4 state decisions
How this case has been cited
Cited by 61 later decisions — most recently December 2016 · most notably Eshbach v. W. T. Grant's & Co. (1973), Sano v. Pennsylvania Railroad (1960)
20 federal appellate · 4 district · 4 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 New York Cent Co v. Johnson · Beckwith v. Town of Stratford · Narciso v. Mauch Chunk Township · Se-Ling Hosiery, Inc. v. Margulies
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““burden is to convince [the factfinder] upon all the evidence before [it] that the facts asserted by the plaintiff are more probably true than false ... the [factfin-der] must at least be convinced that the evidence considered as a whole, its “preponderance” to use the traditional term, indicates that the facts asserted by the plaintiff are probably true.””
3 later decisions quote this exact passage · from the majority“upon all the evidence ... the facts asserted by the plaintiff are more probably true than false.”
2 later decisions quote this exact passage · from the majority““It is her [plaintiff’s] burden to convince you that there was this negligence, Also, if the question of whether or not such negligence was a factor in causing the injury is so evenly balanced in your mind that you have no conviction, then you must find for the defendant.” “The evidence must do more than raise a doubt in your mind on these points, if plaintiff is to sustain the burden. If there is just a doubt in your mind, you must bring in a verdict for the defendant, and that ends your consideration of the case.””
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.