Walker v. Collins’s Empirical Analysis
59 F. 70 · 1893
Citation profile
7 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 16 later decisions (2 by the Supreme Court) — most recently April 1995
7 federal appellate · 1 district · 1 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 Indianapolis and St Louis Railroad Company v. Horst · United States Mutual Accident Ass'n v. Barry · Nudd v. Burrows · Jones v. Simpson · Lynn v. Baltimore & Ohio Railroad
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The court charged the jury that: ‘Parties to a business transaction are not presumed, however, to deal with each other in bad faith, but, on the contrary, are presumed tp deal honestly and in good faith until the opposite is shown by the evidence upon the trial; and any one who alleges that such acts are done in bad faith, or for a dishonest and fraudulent purpose, takes upon himself the burden of showing that such is the case. In other words, fraud is never presumed, and it devolves upon him who alleges fraud to show the same hy satisfactory proof; i. e., proof to the satisfaction of the jury.’ The defendants excepted generally to this charge, and in this court limit the exception to the last clause of the charge, which states that ‘it devolves upon him who alleges fraud to show the same by satisfactory proof; i. e., proof to the satisfaction of the jury.’ The objection to the charge is that the court should have told the jury that fraud may be established by a preponderance of the evidence, and not that it must be established by ‘satisfactory proof; i. e., proof to the satisfaction of the jury.’ The charge is taken almost literally from the opinion of the Supreme Court of the United States in the case of Jones v. Simpson, 116 U. S. 609 , 615, 6 Sup. Ct. 538 , 541, 29 L. Ed. 742 . In that case the court said, ‘It devolves on him who alleges fraud to show the same by satisfactory proof.’ In Hatch v. Bayley, 12 Cush. 30 , the trial court instructed the jury: ‘That it was nece”
1 later decision quote this exact passage · from the majority
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.