Warren v. Weaver’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We have determined that plaintiff has not preserved this point for our review. He offered no motion for a directed verdict at any time (§ 510.280) but offered, and the court gave Instruction No. 2, which submitted to the jury as a fact issue defendant Robbins' failure to keep a lookout and the question of proximate cause * * *. It is true that it is ‘ * * * very seldom that a trial court is justified in directing a verdict in favor of a party having the burden of proof * * * upon oral testimony’ (Beezley v. Spiva, Mo., 313 S.W.2d.691, 695), and we do not intimate that it should have done so here; however, it is ordinarily incumbent upon a party in a jury case to raise that point specifically in the trial court before asking an appellate court to set •aside a verdict for insufficient evidence. [Citing authorities.] * * * Appellate courts are merely courts of review for trial court errors, and there can be no review of a matter which has not been ‘presented to or expressly decided by the trial court.’ Scowden v. Scowden, Mo.App., 298 S.W.2d 484, 485 . Section 512.160(1) expressly provides (with stated exceptions) that no allegations of error shall be considered except such as have been presented to or expressly decided by the trial court.” See also Millar v. Berg, Mo., 316 S.W.2d 499, 502 ; Myers v. Karchmer, Mo., 313 S.W.2d 697, 701 [4]; Williams v. Southern Pac. Rd. Co., Mo., 338 S.W.2d 882 ; Edmisten v. Dousette, Mo.App., 334 S.W.2d 746, 749 [2, 3]; Warren v. Weaver, Mo.App”

   1 later decision quote this exact passage
   e.g. Heideman v. Lorenz