Harris v. Deere & Co.’s Empirical Analysis

Citation profile

2 federal appellate · 23 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[OJnce the objective facts [of jury conduct] are proven as to what transpired relief is available only if two elements appear. First, the acts or statements complained of must exceed tolerable bounds of jury deliberation, that is, they must constitute jury misconduct. Of necessity jurors have considerable latitude in their deliberations, and conduct or occurrences which are within tolerable limits are said to “inhere in the verdict.” This court stated in Long v. Gilchrist, 251 Iowa 1294, 1299 , 105 N.W.2d 82 , 85: We cannot consider the mass of the back and forth argument in the jury room, entered into prior to the final verdict. All such matters inhere in the verdict. A juror cannot impeach his own verdict. If we were to analyze and review and sometimes reject as misconduct all arguments in a jury room, there would never be a finality as to jury verdicts. Even if the argument oftentimes roams far afield, it ultimately inheres in the unanimous verdict. See also State v. Houston, supra, 209 N.W.2d 42, 45 (Iowa) (“Historically, we have considered such situations with a bemused but limited tolerance for the ingenuity of jurors and the realization a rigid approach would result in interminable litigation.”) State v. Lass, supra, 228 N.W.2d 758, 771 (Iowa) (“As a practical matter, courts cannot be too strict on jury discussions or few verdicts could stand.” State v. Smith, 240 N.W.2d 693 , (“Differences of opinion in the jury room cannot be avoided and courts properly are reluctant”

   1 later decision quote this exact passage
   e.g. State v. Folck

2. “The next case, a will contest, involved a problem which we have here — use of a dictionary. In re Estate of Cory, 169 N.W.2d 837 [845] (Iowa 1978). A juror procured dictionary definitions of “undue” and “undue influence” and read them in the jury room. This court cited an annotation ( 54 A.L.R.2d 738 ) for the statement that most cases find absence of prejudice where jurors use books. The court also cited the Mongar case which we have already considered (pamphlet “You’re on the Jury” — no new trial), as well as Fagen Elevator v. Pfiester, 244 Iowa 633, 642 , 56 N.W.2d 577, 582 (book “The Iowa Drivers’ Guide” — no new trial). In Fagen this court said, “The situation here is somewhat like that where jurors consult a dictionary during their deliberations. This has been held not to require a new trial.” In Cory this court therefore upheld the trial court’s exercise of discretion in refusing a new trial.”

   1 later decision quote this exact passage
   e.g. Matter of Estate of Hughbanks

3. “Motions based on alleged jury misconduct involve two basic problems: the procedural problem of proving the facts as to what happened, and the substantive problem of the effect of the facts which are proven.”

   1 later decision quote this exact passage
   e.g. Wirtanen v. Provin