Foster v. Rosetta’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It has been held time and again that it is the province of the trial court, and not of the appellate court, to weight (sic) the evidence on motions for new trial and to grant same if, in its judgment, the verdict is against the weight of the evidence. * * * And the reviewing court is and should be liberal in sustaining an order granting a new trial. * * * The trial court has a broad discretion in granting one new trial on the ground that the verdict is against the weight of the evidence, and its order will not be disturbed, except in case of manifest abuse of discretion. * * * This rule is applicable to court-tried as well as jury-tried cases. * * *””

   1 later decision quote this exact passage
   e.g. Liberty Loan Corporation of Antioch v. Brown