Porter v. American Export Lines, Inc.’s Empirical Analysis
387 F.2d 409 · 1968
Citation profile
9 federal appellate · 2 district · 5 state decisions
How this case has been cited
Cited by 22 later decisions — most recently January 2010
9 federal appellate · 2 district · 5 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 Pope & Talbot, Inc. v. Hawn · Woodby v. Immigration & Naturalization Service · Kermarec v. Compagnie Generale Transatlantique · Pittsburgh-Erie Saw Corp. v. Southern Saw Service, Inc. · Beckwith v. Town of Stratford
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.
“'afford the trial judge an opportunity to correct the error in h[er] charge before the jury retires to consider its verdict' and to lessen the burden on appellate courts by diminishing the number of rulings at the trial which they may be called on to review.”
5 later decisions quote this exact passage · from the majority“upon all the evidence ... the facts asserted by the plaintiff are more probably true than false.”
2 later decisions quote this exact passage · from the majority“It would doubtless be more comprehensible to a jury if they were told, as Professor McBaine has suggested in his thoughtful essay on the subject, that the plaintiff’s burden is to convince them upon all the evidence before them that the facts asserted by the plaintiff are more probably true than false (citing cases). This, we think, is the intended effect of the “preponderance of the evidence” rule and it would place the emphasis upon the nature of the function which the jurors are being asked to perform and the degree of belief which must be produced in their minds before the plaintiff is entitled to a favorable finding for them.”
1 later decision quote this exact passage · from the majority
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.