Whitaker v. Earnhardt’s Empirical Analysis
1976
Citation profile
74 state decisions
How this case has been cited
Cited by 74 later decisions — most recently August 2017 · most notably Bryant v. Nationwide Mutual Fire Insurance (1985), Penley v. Penley (1985)
74 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 Cutts v. Casey · Helms v. Rea · Schloss v. Jamison · Town of Burnsville v. Boone · Carolina Beach Fishing Pier, Inc. v. Town of Carolina Beach
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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When findings of fact are made in actions tried by the court without a jury, the question of the sufficiency of the evidence to support the findings may be raised on appeal whether or not the party raising the question has made in the trial court an objection to such findings or has made a motion to amend them or a motion for judgment, or a request for specific findings.”
2 later decisions quote this exact passage““Absent specific testimony as to the value of the crop in the field, courts generaly make no practical use of the stated measure of damage. Instead they usually award the plaintiff the market value of the lost portion of his crop, as measured at maturity of the crop, less the cost he would have had in harvesting and marketing the lost portion. Under this formula, the plaintiff must prove not only how much was destroyed and its market value at maturity, hut also what his probable costs of harvesting and marketing would have been as to the destroyed or damaged portion.” (Footnotes omitted.) Dobbs, Law of Remedies § 5.2, at 325 (1973).”
1 later decision quote this exact passage“[D]efendant's failure to except to the findings of the trial judge did not necessarily preclude appellate review on the question of whether the evidence supported the findings of fact. Nevertheless, it was incumbent upon appellant to assign error so as to outline his objections on appeal.”
1 later decision quote this exact passage
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.