Montgomery Ward & Co. v. Morris’s Empirical Analysis
273 F.2d 452 · 1960
Citation profile
18 federal appellate · 3 district ·
How this case has been cited
Cited by 24 later decisions — most recently June 2003
18 federal appellate · 3 district ·
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 Erie Co v. Tompkins · Fairmount Glass Works v. Cub Fork Coal Co. · Imperial Oil, Ltd. v. Drlik · Werthan Bag Corp. v. Agnew · Spero-Nelson v. Brown
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The power of this Court to review and set aside an order of the District Court overruling a motion for a new trial based on alleged excessive damages, is very limited. (Citations omitted) It is not sufficient that the verdict is considerably larger than we think it should have been. In the absence of a showing of passion and prejudice on the part of the jury, the trial court's action in overruling a motion for a new trial where a factual question is involved, will not be reviewed by this Court unless it involves an abuse of discretion.”
1 later decision quote this exact passage · from the majority““. . . [R]egardless of whether the established Tennessee rule is sound or not sound as an initial proposition, it has been accepted as the applicable rule for approximately twenty years and should be adhered to. Under the ruling in Erie R. Co. v. Tompkins, 304 U.S. 64 , 58 S.Ct. 817 , 82 L.Ed. 1188 , the federal court in a diversity action must accept the ruling of the state court, even though in its opinion it is an erroneous one.” Montgomery Ward & Co. v. Morris, 273 F.2d 452, 454 (1960).”
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.