Edward T. Hulson and Walter A. Christensen v. The Atchison, Topeka and Santa Fe Railway Company, a Corporation’s Empirical Analysis
1961
Citation profile
1 federal appellate · 2 district · 10 state decisions
How this case has been cited
Cited by 35 later decisions — most recently May 2007 · most notably 150 W. Va. 330 - Boggs v. Settle (1965), In Re Andrew J. Kontrick, Debtor-Appellant (2002)
1 federal appellate · 2 district · 10 state decisions
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 Cone v. West Virginia Pulp & Paper Co. · Johnson v. New York, New Haven & Hartford Railroad · Fountain v. Filson · Globe Liquor Co. v. San Roman · Leishman v. Associated Wholesale Electric Co.
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“& * * * * '“(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment, upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. * * *»”
2 later decisions quote this exact passage“I am merely asking for an extension of time in which to file my motion”
2 later decisions quote this exact passage“Although this respondent made several motions it did not as the rule requires move within ten days after verdict “to have judgment entered in accordance with his [its] motion for a directed verdict”. We are told, however, in respondent’s brief that its motion to set aside the verdict “was intended to be a motion for judgment in its favor or for a new trial” and that “[o]bviously respondent did not merely want the verdict to be set aside but wanted the relief that invariably follows such a setting aside on the grounds urged: a judgment in its favor or a new trial.” The defect in this argument is that respondent’s motions cannot be measured by its unexpressed intention or wants. Neither the trial judge nor the Court of Appeals appears to have treated the motion to set aside the verdict as asking for anything but that. And surely petitioner is not to have her opportunity to remedy any shortcomings in her case jeopardized by a failure to fathom the unspoken hopes of respondent’s counsel. Respondent’s motion should be treated as nothing but what it actually was, one to set aside the verdict — not one to enter judgment notwithstanding the verdict.”
1 later decision quote this exact passagee.g. Starns v. Avent
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.