259 Pa. Super. 31 - Ditz v. Marshall’s Empirical Analysis

Citation profile

46 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]ppellate review of a weight claim is a review of the [trial court’s] exercise of discretion, not of the underlying question of whether the verdict is against the weight of the evidence. Because the trial judge has had the opportunity to hear and see the evidence presented, an appellate court will give the gravest consideration to the findings and reasons advanced by the trial judge when reviewing a trial court’s determination that the verdict is against the weight of the evidence. One of the least 'assailable reasons for granting or denying a new trial is the lower court’s conviction that the verdict was or was not against the weight of the evidence and that a new trial should be granted in the interest of justice.”

   3 later decisions quote this exact passage
   e.g. C. Worley and L. Worley, h/w v. County of Delaware and M. Gura · 308 Pa. Super. 506 - Baldino v. Castagna

2. “Mrs. Pachesky’s own testimony was to the effect that she turned off the ignition without checking to determine if the parking brake was engaged or if defendant had his foot on the foot brake; nor did she determine whether the vehicle’s transmission was in ‘park,’ ‘neutral’ or ‘drive.’ She, of course, was an experienced driver and knew or should have known that the vehicle would roll back down the hill, unless the brake was set or the transmission was in ‘park,’ after the ignition was turned off. The jury had evidence before it from which it could determine that a reasonably prudent person, under like circumstances, would have taken the precaution of determining those matters before placing herself in such a dangerous position. Nor can a new trial be awarded on the basis that the verdict was against the weight of the evidence merely because the trial judge would have reached a different conclusion on the evidence presented. The trial judge is not free to usurp the function of the jury in those situations where there is evidence from which the jury could have found as it did.”

   1 later decision quote this exact passage
   e.g. 353 Pa. Super. 505 - Pachesky v. Getz

3. “The decision of the lower court, either granting or refusing a new trial, is considered to be within the sound discretion of the trial judge and will be reversed on appeal only if the appellate court determines that the trial court palpably abused its discretion. [Citation omitted.]”

   1 later decision quote this exact passage
   e.g. 295 Pa. Super. 94 - Walsh v. Snyder