30 Tenn. App. 450 - Everett v. Evans’s Empirical Analysis

Citation profile

4 federal appellate · 14 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. ““(2,3) A ease may be made out by direct evidence, circumstantial evidence, or by a combination of direct and circumstantial evidence. If the evidence for plaintiff, together with all the reasonable inferences therefrom, made her theory more probable than any other, this was enough to take the case to the jury and to support the verdict. Law v. Louisville & N. R. Co., 179 Tenn. 687, 699 , 170 S. W. (2d) 360 ; New York Life Ins. Co. v. Nashville Trust Co., 178 Tenn. 437 , 159 S. W. (2d) 81 ; Bryan v. Aetna Life Ins. Co., 174 Tenn. 602 , 130 S. W. (2d) 85 ; Phillips v. Newport, 28 Tenn. App. 187 , 187 S. W. (2d) 965 . “But if the evidence for plaintiff, together with all such inferences therefrom, made her theory no more probable than the contrary of it; if such evidence and inferences left it a matter of equal probability whether plaintiff’s injuries were caused by defendant’s negligence or by some other cause for which he would not be responsible; that is, if it was a matter of speculation and conjecture how the accident happened, then a verdict should have been directed for defendant. Buckeye Cotton Oil Co. v. Campagna, 146 Tenn. 389 , 242 S. W. 646 ; Pennsylvania R. Co. v. Chamberlain, 288 U. S. 333 , 53 S. Ct. 391 , 77 L. Ed. 819 ; Nichols v. Smith, 21 Tenn. App. 478, 489 , 111 S. W. (2d) 911, 918 ; Willis v. Heath, 21 Tenn. App. 179, 186 , 107 S. W. (2d) 228, 233 ; Phillips v. Newport, 28 Tenn. App. 187 , 187 S. W. (2d) 965, 971 .””

   1 later decision quote this exact passage
   e.g. 45 Tenn. App. 674 - Gable v. Tennessee Liquefied Gas Company

2. ““A case may be made out by direct evidence, circumstantial evidence, or by a combination of direct and circumstantial evidence. If tbe evidence for plaintiff, together with all tbe reasonable inferences therefrom, made her theory more probable than any other, this was enough to take the case to the jury and to support the verdict. (Citing eases) “But if the evidence for plaintiff, together with all such inferences therefrom, made her theory no more probable than the contrary of it; if such evidence and inferences left it a matter of equal probability whether plaintiff’s injuries were caused by defendant’s negligence or by some other cause for which he would not have been responsible; that is, if it was a matter of speculation and conjecture how the accident happened, then a verdict should have been directed for defendant.” (Citing cases.)”

   1 later decision quote this exact passage
   e.g. Bell v. Sears, Roebuck & Co.