Raber v. Tumin’s Empirical Analysis

Citation profile

10 federal appellate · 177 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 187 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A motion for nonsuit may properly be granted ‘. . . when, and only when, disregarding conflicting evidence, and giving to plaintiff’s evidence all the value to which it is legally entitled, indulging in every legitimate inference which may be drawn from that evidence, the result is a determination that' there is no evidence of sufficient substantiality to support a verdict in favor of the plaintiff.’ [Citations.] ‘Unless it' can be said as a matter of law, that ... no other reasonable conclusion is legally deducible from the evidence, and that any other holding would be so lacking in evidentiary support that a reviewing court would be impelled to reverse it upon appeal, or the trial court to set it aside as a matter of law, the trial court is not justified in taking the case from the jury.’ [Citations.]” (Palmquist v. Mercer, 43 Cal.2d 92, 95 [ 272 P.2d 26 ].)”

   2 later decisions quote this exact passage
   e.g. Churchill v. Southern Pac. Co. · McKenzie v. Pacific Gas & Electric Co.

2. ““Plaintiff was a business visitor toward whom Tumin, together with the servant through whom he was acting in altering the premises, ‘was obliged to exercise ordinary care to keep the premises in a reasonably safe condition, or to warn ... of danger. The duty was not limited to conditions actually known ... to be dangerous, but extended also to conditions which might have been found dangerous by the exercise of reasonable care. [Citations.]’ (Blumberg v. M. & T. Incorporated (1949), supra, 34 Cal.2d 226, 229 [ 209 P.2d 1 ].) ””

   1 later decision quote this exact passage
   e.g. 109 Cal. App. 2d 232 - Bazzoli v. Nance's Sanitarium, Inc.

3. “Unless it can be said as a matter of law, that ... no other reasonable conclusion is legally deducible from the evidence, and that any other holding would be so lacking in evidentiary support that a reviewing court would be impelled to reverse it upon appeal, or the trial court to set it aside as a matter of law, the trial court is not justified in taking the case from the jury.”

   1 later decision quote this exact passage
   e.g. Palmquist v. Mercer