352 So. 2d 1196 - Weems v. Dawson’s Empirical Analysis
1977
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently August 2001
22 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 110 So. 2d 669 - Cloud v. Fallis · Delno v. Market St. Ry. Co. · 322 So. 2d 520 - Castlewood International Corporation v. LaFleur · 98 So. 2d 341 - Pyms v. Meranda · Russo v. Clark
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“ORDER GRANTING NEW TRIAL The above cause having come on to be heard on the motion for new trial by the plaintiff, and having heard argument of counsel and being otherwise fully advised in the premises the court finds as follows: Following a four day trial a jury verdict was returned in this cause on March 8,1982, in favor of the defendant, FLORIDA EAST COAST RAILWAY COMPANY, finding that there was no negligence on the part of the defendant which was a legal cause of damage to the plaintiff. Taking into consideration the entire testimony in the cause, the demeanor of the witnesses, and the instructions given by the court, the verdict of the jury in the instant cause shocks the judicial conscience of the court and the court is of the opinion that the verdict was based upon prejudice, sympathy, or some other consideration outside of the evidence, or that the jury failed to understand, weigh, or consider the force and credibility of the evidence or failed to follow or understand the charges of the court to the extent that the verdict was contrary to the manifest weight of the evidence. The court particularly identifies as specific grounds for its finding the substantial testimony identifying and describing the unreasonably unsafe workplace provided by the defendant to its employee, the substantial testimony affirming the dangerous character of the workplace at the time and place the plaintiff was ordered to work, and the charges given without objection to the jury by the court wi”
1 later decision quote this exact passage“Applying the LaFleur test to this case, we cannot say the trial court’s order granting appellee a new trial is arbitrary, fanciful, or unreasonable, or that no reasonable man would take the view adopted by the trial court. Accordingly, under the established rules, appellants have failed to demonstrate that the trial judge abused his broad discretion in granting appellee a new trial.”
1 later decision quote this exact passage“if reasonable men could differ as to the propriety of the action taken by the trial court.”
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.