Screws v. Parker’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The principal question involved is whether the trial judge abused his discretion in granting a new trial because damages were inadequate. Section 11-1-55, Mississippi Code Annotated (Supp. 1975) authorizes trial courts to overrule a motion for a new trial upon condition of an additur or remittitur if the court finds the damages are excessive or inadequate for the reasons stated in the statute. The statute further provides that if the additur or remittitur is not accepted, then the court may direct a new trial on damages only. The additur was not accepted by the defendants so we must determine if the court abused its discretion in granting a new trial because of inadequate damages. (Emphasis added). "It was settled in City of Meridian v. Dickson, 266 So.2d 143 (Miss. 1972) that, on appeal under section 11-7-213, `The only issue that the party appealing can raise is whether the trial court abused its discretion in granting a new trial on the question of damages only.' (Emphasis added). "In Biloxi Electric Co. v. Thorn, 264 So.2d 404 (Miss. 1972), the defendant, Biloxi Electric Co., did not accept the additur, appealed, and we reinstated the jury verdict of $6,500 holding the trial court abused its discretion by granting a new trial. Plaintiff did not cross-appeal. We reversed the action of the trial court which granted plaintiff a new trial unless the defendant accepted an additur of $6,000, and stated: (Emphasis added). "`Therefore, the decisive question in this case is wheth”

   1 later decision quote this exact passage
   e.g. 408 So. 2d 464 - Cortez v. Brown

2. “In this case the defendants seek to have us review the action of the trial court in directing a verdict against them on the issue of liability and the refusal of an instruction requested by one of them. These questions are beyond the scope of review in this appeal ; therefore, we will review the evidence to determine if the trial court abused its discretion by granting a new trial on damages only. ( 365 So.2d at 634 ).”

   1 later decision quote this exact passage
   e.g. 408 So. 2d 464 - Cortez v. Brown

3. “In this case we feel that the verdict of the jury was proper although it did not fully compensate plaintiff for his damages. There was strong proof of contributory negligence and we feel that the size of the verdict reflects that the jury believed plaintiff was guilty of contributory negligence to a substantial extent. ( 365 So.2d at 637 ).”

   1 later decision quote this exact passage
   e.g. 375 So. 2d 1036 - Toyota Motor Co., Ltd. v. Sanford