Rogers v. Marrow by Marrow’s Empirical Analysis

Citation profile

36 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[This power] can only be exercised where the verdict is plainly wrong or without credible evidence to support it. If there is a conflict in the testimony on a material point, or if reasonable men may differ in their conclusions of fact to be drawn from the evidence, or if the conclusion is dependent on the weight to be given the testimony, the trial judge cannot substitute his conclusion for that of the jury merely because he would have voted for a different verdict if he had been on the jury.”

   2 later decisions quote this exact passage · from the majority
   e.g. Simbeck, Inc. v. Dodd-Sisk Whitlock Corp. · Henderson v. Gay

2. “In order to recover for medical negligence, the plaintiff ordinarily must prove through the use of expert testimony the applicable standard of care, a deviation from that standard, proximate causation, and damages.”

   2 later decisions quote this exact passage · from the majority
   e.g. Webb v. Smith · Thomas Edward Patten III v. Stephen Nichols Md

3. “[i]f there is credible evidence in the record which supports the jury's verdict, we must reinstate that verdict and enter judgment thereon.”

   1 later decision quote this exact passage · from the majority
   e.g. McGuire v. Hodges