Greenberg v. Stanley’s Empirical Analysis
1959
Citation profile
6 federal appellate · 57 state decisions
How this case has been cited
Cited by 63 later decisions — most recently December 2018 · most notably Portee v. Jaffee (1980), Falzone v. Busch (1965)
6 federal appellate · 57 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 Wright v. Bernstein · Koops v. Gregg · Kite v. Jones · Kress v. City of Newark · State v. Costa
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * the well settled discretionary power of an appellate court in this State to order a reversal as to all or less than all defendants where harmful error has been committed against less than all, dependent on fundamental justice under the peculiar facts and circumstances of the case. Ferry v. Settle, 6 N.J. 262 (1951). Speaking broadly, there has been no hesitation to utilize the power in the interests of fairness in many varied types of situations where the reversible error found affected less than all of the parties involved or all of the affected parties had not appealed or some like circumstance existed, but in which it would be unjust to some party to allow judgments to stand in favor of or against the non-affected or non-appealing parties. E.g., Ferry v. Settle, supra, ( 6 N.J. 262 ); Potter v. Hill, 43 N.J. Super. 361 ( App. Div. 1957); Tedeschi v. Silver Rod-Paterson, Inc., 15 N.J. Super. 322 ( App. Div. 1951); Marzotta v. Gay Garment Co., 11 N.J. Super. 368 ( App. Div. 1951), affirmed 7 N.J. 116 (1951); Roberts v. Saunders, 118 N.J.L. 548 ( E. & A. 1937) * * *”
1 later decision quote this exact passage · from the majority“first-hand judgment in denying such a motion will not be reversed by a reviewing tribunal on a cold record, ... unless it so clearly appears from the printed page alone that the happening on which the motion was based was so striking that because of it one of the parties could not thereafter have a fair trial. [Greenberg v. Stanley, supra, 30 N.J. at 503 .]”
1 later decision quote this exact passage · from the majoritye.g. Battista v. Olson“must be used with caution and only when the trial judge is satisfied preliminarily that all conditions for its application have been established by the proponent.”
1 later decision quote this exact passage · from the majority
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.