Dean v. Mayes’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * Relative to contributory negligence we have held that in civil cases, the question must go to the jury if the evidence or the reasonable inferences arising therefrom furnish a mere ‘gleam,’ ‘glimmer,’ ‘spark,’ ‘the least particle,’ ‘the smallest trace’ or ‘a scintilla’ in support of the theory. Alabama Great Southern Railroad Company v. Bishop, 265 Ala. 118 , 89 So.2d 738 , 64 A.L.R.2d 1190 ; and unless the evidence bearing upon this issue is entirely free of doubt or adverse inference, this question must be submitted to the jury for decision. Capitol Motor Lines v. Billingslea, 246 Ala. 501 , 21 So.2d 240 , 157 A.L.R. 1207 .””

   2 later decisions quote this exact passage · from the majority
   e.g. Baptist Medical Center v. Byars · 512 So. 2d 712 - Lewis v. Sears, Roebuck & Co.

2. ““Verdicts are presumed to be correct and no ground of a new trial is more carefully scrutinized or more rigidly limited than that the verdict is against the weight of the evidence; and when the presiding judge refuses to grant a new trial, the presumption in favor of the correctness of the verdict is strengthened, (citing cases) A verdict is not to be set aside merely because it may not correspond with the opinion of the court as to the weight of the testimony, or because it is against the mere preponderance of the evidence, (citing cases) Where there is evidence which, if believed, justified the verdict, the motion for a new trial is properly overruled. (Citing cases).””

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

3. ““Appellant sued for damages for personal injuries. The verdict was for the defendant. Appellant’s motion for a new trial was overruled, and this appeal followed. “The fir'st assignment of error is that the court erred in overruling the motion for a new trial because the verdict was against the great weight of the evidence. “Our discussion of other questions will demonstrate that we think there was evidence which justified the verdict. The motion for a new trial was properly overruled as to the ground here argued.” ( 274 Ala. at 90, 91 , 145 So.2d at 442 )”

   1 later decision quote this exact passage
   e.g. Adams v. Lanier