Maize v. Atlantic Refining Co.’s Empirical Analysis
1945
Citation profile
39 federal appellate · 4 district · 109 state decisions
How this case has been cited
Cited by 168 later decisions — most recently May 2015 · most notably Berkebile v. Brantly Helicopter Corp. (1975), Foley v. the Pittsburgh-Des Moines Co. (1949)
39 federal appellate · 4 district · 109 state decisions — followed in 19 states
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 MacPherson v. . Buick Motor Co. · Ebbert v. Philadelphia Electric Co. · Bisson v. John B. Kelly, Inc. · MacDougall v. Penna. Power & Light Co. · Koelsch v. Philadelphia Co.
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 168 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“might also reasonably have been foreseen by the defendant.”
2 later decisions quote this exact passage“"There is no doubt of the power of the court to amend a verdict after the discharge of the jury, and even after the end of the term at which the case was tried. * * * But there is one important limitation to this rule, and that limitation is that the amendment in all cases must be such as to make the verdict conform to the real intent of the jury. `The judge cannot, under the guise of amending the verdict, invade the exclusive province of the jury or substitute his verdict for theirs.' Acton v. Dooley, 16 Mo. App. 441, 449 . After the amendment the verdict must be not merely what the judge thinks it ought to have been, but what the jury intended it to be. Their actual intent, and not his notion of what they ought to have intended, is the thing to be expressed and worked out by the amendment."”
1 later decision quote this exact passage““In the instant case the verdict received and recorded was not the verdict the jury had agreed upon. Through a clerical error on the part of the trial judge the verdict recorded was not the jury’s real verdict. What the verdict in the jury’s mind was and what it thought the verdict it was rendering was is not questioned by anyone. If under such circumstances a palpable mistake in the receiving and recording of a jury’s verdict cannot be corrected by the court and the true verdict substituted therefor, justice must be sacrificed so that the recording of a jury’s verdict may be invested with sacrosanct rigidity. Fortunately, the law does not require courts to apply any such unreasonable rule.” (p. 59.)”
1 later decision quote this exact passagee.g. McBurney v. Wilt
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.