Darien Bank v. Travelers Indemnity Co.’s Empirical Analysis
654 F.2d 1015 · 1981
Citation profile
11 federal appellate · 2 state decisions
How this case has been cited
Cited by 23 later decisions — most recently August 2010
11 federal appellate · 2 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 The Boeing Company v. Daniel C. Shipman · Union Carbide Corp. v. National Labor Relations Board · Tocco v. United States · Fallen v. United States · Procunier v. Martinez
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“On motion for directed verdict and for judgment notwithstanding the verdict the Court should consider all of the evidence — not just that evidence which supports the non-mover’s case — but in the light and with all reasonable inferences most favorable to the party opposed to the motion. If the facts and inferences point so strongly and overwhelmingly in favor of one party that the Court believes that reasonable men could not arrive at a contrary verdict, granting of the motions is proper. On the other hand, if there is substantial evidence opposed to the motions, that is, evidence of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions, the motions should be denied, and the case submitted to the jury. A mere scintilla of evidence is insufficient to present a question for the jury. The motions for directed verdict and judgment n. o. v. should not be decided by which side has the better of the case, nor should they be granted only when there is a complete absence of probative facts to support a jury verdict. There must be a conflict in substantial evidence to create a jury question. However, it is the function of the jury as the traditional finder of the facts, and not the Court, to weigh conflicting evidence and inferences, and determine the credibility of witnesses.”
1 later decision quote this exact passage · from the majority“... of the Seas, Men-of-War, Fire, Lightning, Earthquake, Enemies, Pirates, Rovers, Assailing Thieves, Jettisons, Letters of Mar and Counter-Mart, Surprisals, Takings at Sea, Arrests, Restraints and Detainments of all Kings, Princes and Peoples, of what nation condition or quality so ever, Barratary of the Master and Mariners and of all other like Perils, Losses and Misfortunes that have or shall come to the Hurt Detriment or Damage of the vessel or any part thereof, ... Continental Exhibit 3.”
1 later decision quote this exact passage · from the majority“cases and hold that where a seaworthy vessel disappears in fair weather and calm seas for unknown reasons, the insurer bears the burden of proving unseaworthiness (and, hence, noncoverage). 7 Apparently, no American decision has considered the present issue in the context of a”
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.