Holder v. Schenherr’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A jury instruction must be supported by substantial evidence which, if true, is probative and from which the jury can reasonably decide the case. In determining whether substantial evidence exists, we review the evidence and inferences in a light most favorable to the party tendering the instruction. To obtain reversal of a jury verdict on grounds of instructional error, [the Ster-benzes] must show that: (1) the offending instruction misdirected, misled or confused the jury, and (2) prejudice resulted from the error. The burden of proof rests with the party alleging error.”

   1 later decision quote this exact passage
   e.g. Sterbenz v. Kansas City Power and Light Co.