Davis v. Damge’s Empirical Analysis
1959
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently November 2014
11 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 Barrington v. Duncan · City of Houston v. Quinones · Monkey Grip Rubber Co. v. Walton · Triangle Cab Co. v. Taylor · Texas Employers' Insurance v. McCaslin
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““At this late date we deem it wholly unnecessary to do more than to point out that where jury misconduct is relied on as a ground for new trial, Rule 327, Texas Rules of Civil Procedure, since its adoption on September 1, 1941, has been construed to do away with the presumption of prejudice which, under the provisions of Article 2234, Vernon’s Ann.Texas St., 1925, arose from mere proof of jury misconduct, and the burden now rests upon the party asserting such misconduct, not only to prove by a preponderance of the evidence that misconduct occurred, but also of showing that it probably resulted in injury to him. Barrington v. Duncan, 140 Tex. 510 , 169 S.W.2d 462 ; City of Houston v. Quinones, 142 Tex. 282 , 177 S.W.2d 259 ; Menefee v. Gulf, C. & S. F. Ry. Co., Tex.Civ.App., 181 S.W.2d 287 , ref., w. m.; Watson v. Texas Indemnity Ins. Co., 147 Tex. 40 , 210 S.W.2d 989 .””
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.