Jackson v. Wenzel’s Empirical Analysis

Citation profile

2 federal appellate · 1 district ·

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

1. “As is well established, the burden of proof in civil actions for money damages is on the plaintiff, and that means that he must prove each essential element of his claim by a preponderance of the evidence. * * * A court cannot enter a money judgment in favor of the plaintiff unless a preponderance of the evidence shows.that the plaintiff is entitled to that recovery. Under the law a plaintiff may not rest his case on a hope that the court will fill in the evidentiary gaps with the necessary inferences. The law is that if testimony leads as reasonably to one hypothesis as to another, it tends to establish neither.. (Citations omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. Martin v. Duffie