Silcox v. Smith County’s Empirical Analysis

Citation profile

1 federal appellate · 6 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Any fact may be proved by direct evidence, circumstantial evidence, or a combination of direct and circumstantial evidence. In civil cases facts are proved by a preponderance of the evidence. If unequal conflicting probabilities, or unequal inconsistent theories are shown by the evidence; or if the minds of reasonable men might differ from the proved facts as to whether the conflicting probabilities, or inconsistent theories, are equally supported by the evidence, the case must go to the jury.””

   1 later decision quote this exact passage
   e.g. Vaughn v. Shelton

2. ““Waiver. The failure of a party to make demand as required by this rule constitutes a waiver by him of trial by jury. A demand for trial by jury as herein provided may not be withdrawn without the consent of all parties as to whom issues have been joined.””

   1 later decision quote this exact passage
   e.g. Caudill v. Mrs. Grissom's Salads, Inc.

3. “no recovery can be had if the evidence leaves it to conjecture which of two probable causes resulted in injury, where the defendant was liable for only one of them.”

   1 later decision quote this exact passage
   e.g. Rubbermaid Inc v. Massey Construction Inc