Schuchardt v. Allens’s Empirical Analysis

Citation profile

40 federal appellate · 6 district · 25 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 109 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It answers the same purpose and should be tested by the same rules. A demurrer to evidence admits, not only the facts stated therein, but also every conclusion which a jury might fairly or reasonably infer therefrom.” Schuchardt v. Allens, 1 Wall. 859 , 870, 17 L. Ed. 642 .”

   2 later decisions quote this exact passage · from the majority
   e.g. Mt. Adams & E. P. Inclined Ry. Co. v. Lowery · Midland Valley R. v. Bell

2. ““If the evidence be not sufficient to warrant a recovery, it is the duty of the court to instruct the jury accordingly. This is equivalent to a demurrer to, the evidence, and such an instruction ought to be given whenever the evidence is not legally sufficient to serve as the foundation of a verdict of the plaintiff. It is enough that there, was evidence upon the subject proper to be left to the consideration of the jury. If the jury erred, the remedy was by a motion for a now trial, and not by a writ of error. This part of the ease was argued as if such a motion was before us. The rules of law which would be applicable in that event are very different from those wnieh apply as the case is presented.””

   1 later decision quote this exact passage · from the majority
   e.g. Mt. Adams & E. P. Inclined Ry. Co. v. Lowery

3. “if the declaration be in tort, counts for deceit may be added to the special counts, and a recovery may be had for the false warranty or for the deceit, according to the proof. Either will sustain the action.”

   1 later decision quote this exact passage · from the majority
   e.g. Shippen v. Bowen