Barreda v. Silsbee’s Empirical Analysis
62 U.S. 146 · 1858
Citation profile
36 federal appellate · 4 district · 3 state decisions
How this case has been cited
Cited by 77 later decisions (20 by the Supreme Court) — most recently April 2009 · most notably Capital Traction Co. v. Hof (1899), Hitchman Coal & Coke Co. v. Mitchell (1917)
36 federal appellate · 4 district · 3 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 Iasigi v. Brown · Byer v. Etnyre
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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Whether the evidence, when offered, is admissible, is a question for the court; but when admitted, the question whether sufficient or not is for the jury, and it is their province to draw from it all such inferences and conclusions as it conduces to prove, and which, in their judgment, it does prove, and their finding is conclusive, unless a new trial is awarded by the court in which the case is tried, or in the appellate tribunal, for some error of law.”
4 later decisions quote this exact passage · from the majority““But the other clause of the amendment is still more Important, and we read it as a substantial and independent clause; ‘No fact tried by a jury shall bo otherwise re-examined, in any court of the United States, than according to the rules of the common law.’ This is a prohibition to the courts of the United States to re-examine any facts, tried by a court, in any other manner. The only modes known to the common law to re-examine such facts are the granting of a new trial by the court where the issue was tried, or to which the record was properly returnable; or the award of a venire facias de novo by an appellate court, for some error of law which intervened in the proceedings.””
1 later decision quote this exact passage · from the majority“But the other clause of the Amendment is still more important; and we read it as a substantial and independent clause. ‘No fact tried by .a jury shall be otherwise reexamined, in any court of the United States, than according to the rules of the common law.’ This is a prohibition to the courts of the United States to reexamine any facts, tried by a jury, in any other manner. The only modes known to the common law to reexamine such facts are the granting of a new trial by the eourt where the issue was tried, or to which the record was properly returnable; or the award of a venire facias de novo, by an appellate court, for some error of law which intervened . in the proceedings.”
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.