McCarthy v. Thompson’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is the. opinion of this Court that this is the kind of case in which the Court should exercise its discretion and grant a new trial on the issue of negligence in the interest of justice. Clearly, the preponderance of the evidence indicates an emergency situation and a reasonable choice. The attempt by the engineer to clarify his activities does not create a clear contradiction, but rather a confusion on the part of the main witness as to what time period the questions were addressed. This is the only credible evidence to sustain the verdict. The interests of justice then dictate that this Court exercise its discretion in granting a new trial in the interest of justice on the issue of negligence.””

   1 later decision quote this exact passage
   e.g. 89 Wis. 2d 573 - Krolikowski v. Chicago & Northwestern Transportation Co.

2. “Where reasons set forth by trial judge as prompting him to make order granting plaintiff a new trial after verdict for defendants, were not warranted by the evidence, the trial judge abused his discretion and Supreme Court on appeal would reverse order and remand the cause with directions to reinstate the verdict and enter judgment for defendants.”

   1 later decision quote this exact passage
   e.g. Olson v. Kem Temple, Ancient Arabic Order