Button v. Metz’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In disposing of a motion for a directed verdict at the conclusion of the plaintiff’s testimony, the first question to be resolved is whether the plaintiff has made out a prima facie case of negligence against the defendant, not whether he has proved negligence by a preponderance of the evidence. And in resolving this issue, all evidence and all reasonable inferences therefrom which tend to prove the plaintiff’s case of primary negligence against the defendant must be accepted as true. All evidence which tends to weaken or disprove it must be disregarded. Ferris v. Thomas Drilling Co., 62 N.M. 283 , 309 P.2d 225 ; Smith v. Ferguson Trucking Co., 58 N.M. 779 , 276 P.2d 911 ; Thompson v. Dale, 59 N.M. 290 , 283 P.2d 623 .” [ 66 N.M. 485 , 349 P. 2d 1049 .]”

   1 later decision quote this exact passage
   e.g. Garcia v. Sanchez