Lupkey v. Weldon’s Empirical Analysis
1967
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently December 1996
14 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 Cluck v. Abe · Castorina v. Herrmann · Cook v. Globe Printing Co. · Haven v. Missouri Railroad · Giokaris v. Kincaid
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Where the order for new trial [on the ground that the verdict is against the weight of the evidence] is in favor of the plaintiff the appellate court determines whether there is sufficient substantial evidence to sustain a verdict for the plaintiff. But where the order for new trial is in favor of the defendant, who does not have the burden of proof and need produce no evidence to prevail, the appellate court does not make such determination. The Supreme Court of this state has clearly drawn this distinction in two recent cases, Phillips ... and Lup-key. ... Both cases present the very question raised here — the granting of a motion for new trial to a defendant who had presented no evidence. As we read those cases we can overturn the trial court’s order only if we can say as a matter of law that a jury verdict for the defendant could not be permitted to stand.””
1 later decision quote this exact passage“We have no way of knowing why the trial court concluded the verdict for plaintiff was against the weight of the evidence. It may have been some matter known to the court in witnessing and presiding over the trial and which does not and cannot appear in the record. His action in awarding defendants one new trial on the ground stated does not have to be supported by substantial evidence in the record on which the jury could have returned a verdict for the defendants.”
1 later decision quote this exact passage“Where a defendant is granted a new trial on such ground in a case where plaintiff’s claim is denied by the answer and there is oral evidence on the part of plaintiff on which the jury must pass as to credibility and where the plaintiff must face the risk of non-persuasion of the jury ..., a verdict for a defendant can stand without any substantial evidence in favor of the defendant....”
1 later decision quote this exact passage
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.