Ray v. Bartolotta’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * Only one new trial shall be allowed on the ground that the verdict is against the weight of the evidence. Every order allowing a new trial shall specify of record the ground or grounds on which said new trial is granted."”

   2 later decisions quote this exact passage
   e.g. State ex rel. State Highway Commission v. Klipsch · State v. Klipsch

2. ““In a tort action the determination of the amount to be awarded for personal injuries is a matter resting primarily in the discretion of the jury in that it involves the credibility of witnesses and the weight and value to be given their testimony on a fact issue . . . The trial court has a wide discretion in ruling a motion for new trial which alleges that the damages awarded are inadequate since that court may take into consideration the credibility of the witnesses and may weigh the evidence . . . The appellate court, however, may not pass on the weight of the evidence in reviewing the action of the trial court The appellate court in reviewing the adequacy of the damage award must view the evidence in the light most favorable to the verdict . . . Where the verdict has the approval of the trial court, it is conclusive on appeal unless it is so shocking and grossly inadequate as to indicate that the amount of the verdict was due to passion and prejudice . The burden was on the plaintiff to prove the fact of his injury and its extent . The credibility of the witnesses for the plaintiff including the medical expert was primarily for the jury to determine . On the evidence adduced, the jury could reasonably have found that plaintiff’s complaints were largely attributable to a pre-existing arthritic condition . On the record before us, we must hold that the damages awarded are not inadequate and that the trial court did not abuse its discretion in overruling the plaintiff’s moti”

   1 later decision quote this exact passage
   e.g. Kreglinger v. Stillwell

3. ““ * * * The court could have granted a new trial on its own motion and for its own reasons within 30 days after judgment, notwithstanding this motion with stated grounds was pending, 66 C.J.S. New Trial § 115, p. 329, but it did not do so. Instead, it sustained this limited motion based on one and only one ground. By its very act of sustention the court specified the ground on which it acted.” (Emphasis added)”

   1 later decision quote this exact passage
   e.g. Marriage of Hightower v. Hightower