43 Tenn. App. 147 - Benson v. Fowler’s Empirical Analysis
1957
Citation profile
2 federal appellate · 35 state decisions
How this case has been cited
Cited by 37 later decisions — most recently December 2010 · most notably Otis v. Cambridge Mutual Fire Insurance Co. (1993), 63 Tenn. App. 37 - Mize v. Skeen (1971)
2 federal appellate · 35 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 D. M. Rose & Co. v. Snyder · Franklin v. Skelly Oil Co. · Inter-City Trucking Co. v. Daniels · Rulane Gas Co. v. Montgomery Ward & Co. · 34 Tenn. App. 451 - De Rossett v. Malone
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is not disputed but that any order or judgment of the Circuit Court is subject to the control of the trial judge, and may be modified and set aside by him at any time prior to its becoming final. Any fact or circumstance which may have influenced the trial judge in pronouncing judgment, unless preserved in a proper bill of exceptions, cannot be considered on appeal or on petition for writ of error.””
1 later decision quote this exact passage““Certainly we cannot say, as is required for a reversal, by Section 27-11.7, Tenn.Code Ann., that the failure of the trial judge to repeat his charge as given the previous day, verbatim et literatim, necessarily caused the jury to return a different verdict from that' which it Avould otherwise have returned.””
1 later decision quote this exact passagee.g. Presley v. Amburn
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.