Owings v. Gatchell’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The well-settled rule is, however, that the matter of granting or refusing to grant a motion for a new trial is largely within the discretion of the trial court . . .; that in passing upon such motion the trial court is not bound by the rule of conflicting evidence as is the appellate tribunal . . . ; but must weigh and consider the evidence for both parties and determine for itself the just conclusion to be drawn from it . . . ; and if satisfied that the finding of the jury is contrary to the weight of the evidence, it may grant a new trial . . . ; that even though the evidence is not conflicting and all the proof seems to be favorable to one or the other of thp parties litigant, the question of the probative force or the evidentiary value of the testimony is nevertheless within the determination of the trial court in a proceeding on motion for a new trial . . . ; and that it is only in rare instances and upon very strong grounds that the determination of the trial court will be disturbed.””

   1 later decision quote this exact passage
   e.g. 59 Cal. App. 2d 331 - Abercrombie v. Thomsen