Evans v. Marks’s Empirical Analysis
1966
Citation profile
17 federal appellate · 47 state decisions
How this case has been cited
Cited by 87 later decisions — most recently November 2018 · most notably Consumer Party of Pennsylvania v. Com. (1986), Three Rivers Motors Co. v. Ford Motor Co. (1975)
17 federal appellate · 47 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 Hilbert v. Roth · Easton v. Washington County Insurance · London v. Kingsley · Bardwell v. the Willis Company · Pellegrene v. Luther
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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““the witnesses must be found to be credible, that the facts to which they testify are distinctly remembered and the details thereof narrated exactly and in due order, and that their testimony is so clear, direct, weighty and convincing as to enable the jury to come to a clear conviction, without hesitancy, of the truth of the precise facts in issue. . . ””
2 later decisions quote this exact passage“We believe that here, in accepting the averred facts as pleaded, that appellant and the additional defendant agreed specifically to exclude Ethel C. Marks from the release, and the fact that “any and all other persons” was left in the release was sufficient for the court to consider that a mutual mistake had been made. The intent of the parties must be gleaned from the language of the release; however, where it can be shown, as in this case, by the averred facts that the parties specifically meant to exclude Ethel C. Marks, a mutual mistake had obviously occurred, and the parol evidence rule will allow oral testimony in the case of a mutual mistake. We therefore must conclude that the lower court erred in granting appellees’ motion for judgment on the pleadings.”
1 later decision quote this exact passage“any and all other persons and entities (whether herein named or not).”
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.