Wiles v. Mahan’s Empirical Analysis

Citation profile

2 federal appellate · 7 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Instructions which are mandatory in character, which attempt to set up a factual situation directing the jury to a certain result, are to be distinguished from instructions which merely state propositions of law without incorporating a factual situation, as for example telling the jury that if contributory negligence exists the plaintiff is not entitled to recover. In the latter case the court is merely stating propositions of law not based upon a detailed factual situation.”

   1 later decision quote this exact passage
   e.g. Taylor v. County of Monroe

2. ““The rationale of these rulings seems to be that only evidence which is pertinent to the issues presented by the case is admissible. The underlying consideration is the presumption that if the jury has cognizance of the fact that the defendant will not bear the incident of the judgment, the jury wil[l] be prejudiced in favor of an excessive verdict.””

   1 later decision quote this exact passage
   e.g. Clouse v. Fielder

3. “It is true that the standard set by an industry is not the definition of reasonable care.”

   1 later decision quote this exact passage
   e.g. Wal-Mart Stores, Inc. v. Wright