291 Ga. App. 416 - Horton v. Hendrix’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is axiomatic that a jury charge need not be given in the exact language requested if the charge as given clearly covers the circumstances of the case. All that is necessary, provided the requested charge accurately states the relevant principles of law, is that these principles be fairly given to the jury in the general charge. When it can be determined that the charge actually given conveys correctly the intent of the law and is so framed as to be applied with understanding to the fact situation, denial of a request for a specific charge is not reversible error.”

   1 later decision quote this exact passage
   e.g. 295 Ga. App. 94 - Hart v. Shergold

2. “Concerning the effect of a presumption on the burden of proof, the rule, generally, is that while a presumption operating in favor of the party having the ultimate burden of persuasion requires the opposing party to go forward with evidence rebutting the presumption, it does not shift the original burden of persuasion. That burden remains with the party upon whom it was originally cast.”

   1 later decision quote this exact passage
   e.g. Gordon v. Dennis

3. “the burden being shifted to the other party is the burden to produce evidence rebutting the presumption ...; it is not the ultimate burden of persuasion, which never shifts from the party asserting the claim”

   1 later decision quote this exact passage
   e.g. Gordon v. Dennis