Kasper v. Helfrich’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellate courts will interfere with the trial court’s exercise of discretion only when it has been manifestly abused; that discretion is abused only when the trial court’s ruling runs against the logic of the circumstances then before the court and is so arbitrary and unreasonable as to show a lack of careful consideration and shock the sense of justice; if reasonable men can differ about the propriety of the action taken by the trial court, then the trial court did not abuse its discretion.”

   2 later decisions quote this exact passage
   e.g. Hackman v. Dandamudi · Smith v. American Family Mutual Insurance Co.

2. “The trial judge who tries to help a jury follow the court’s instructions and bring in a proper verdict is indeed treading on thin ice. But where jurors are uncertain about the form of their verdict — rather than about their decision on the merits — it is proper for the court to instruct them on how to return a proper verdict. Sullivan v. Union, Electric Light & Power Co., 331 Mo. 1065 , 56 S.W.2d 97 [12, 13]; Martin v. Lingle Refrigeration Co., Mo., 260 S.W.2d 562 [8]; Riehle v. Broadway Motors, Inc., Mo.App., 350 S.W.2d 89 [1, 5]. Reviewing the trial court’s action here, we find that the written answer concerned only the form of the verdict; it was not coercive and it was not confusing. Hence, there was neither error nor prejudice. Defendant’s point is denied.”

   1 later decision quote this exact passage
   e.g. Garland v. National Super Markets, Inc.