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← 428 So. 2d 1 - Ritch v. Waldrop

428 So. 2d 1 - Ritch v. Waldrop’s Empirical Analysis

1982

Citation profile

59
cited by 59 later decisions
1
states following
August 2012
most recently cited

58 state decisions

How this case has been cited

Cited by 59 later decisions — most recently August 2012 · most notably 531 So. 2d 860 - Bussey v. John Deere Co. (1988), 493 So. 2d 1374 - Hammond v. City of Gadsden (1986)

58 state decisions

3701982199020002010decided

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 Alabama Power Company v. Taylor · Union Indemnity Co. v. Webster · Birwood Paper Company v. Damsky · Dixie Electric Company v. Maggio · Caterpillar Tractor Co. v. Ford

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

  1. “"A directed verdict is proper only where there is a complete absence of *Page 1120 proof on an issue material to the claim or where there are no disputed questions of fact on which reasonable people could differ. Deal v. Johnson , 362 So.2d 214 (Ala. 1978). In considering a motion for directed verdict, the court must apply Rule 50 (e), ARCP, under which `a question must go to the jury, if the evidence, or any reasonable inference arising therefrom, furnishes a mere gleam, glimmer, spark . . . or a scintilla in support of the theory of the complaint. . . .' Dixie Electric Company v. Maggio , 294 Ala. 411 , 318 So.2d 274 (Ala. 1975). "In addition, the trial court must view the entire evidence, and all reasonable inferences which a jury might have drawn therefrom, in the light most favorable to the non-moving party. Alabama Power Company v. Taylor , 293 Ala. 484 , 306 So.2d 236 (1975); Vintage Enterprises, Inc. v. Cash , 348 So.2d 476 (Ala. 1977). Also, this Court's function in reviewing a motion for a directed verdict is to review the tendencies of the evidence most favorably to the non-movant, regardless of a view we may have as to the weight of the evidence, and we must allow such reasonable inferences as the jury were free to draw, not inferences which we may think the more probable. Beloit Corp. v. Harrell , 339 So.2d 992 (Ala. 1976)."”
    9 later decisions quote this exact passage
  2. “"[Where] a defendant merely gives the district attorney's office information regarding an alleged crime, leaving the decision to prosecute entirely to the uncontrolled discretion of the district attorney, who thereafter makes his own independent investigation and thereupon takes the information before the grand jury which returns indictments against the suspects, the defendant, in a malicious prosecution action, is not regarded as having instigated the criminal proceeding."”
    2 later decisions quote this exact passage
  3. “The rule, however, presupposes that the citizen has stated all material facts within his or her knowledge regarding the alleged crime and has not brought about the indictment by fraud, by suppressing facts, or by other misconduct.”
    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.