Geary v. Cain’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * in case of doubt, the deliberate action of the trial court should prevail. Otherwise this court will sooner or later find itself usurping the functions of both the jury and the trial court, in violation of the spirit, if not the letter, of the Constitution."”

   2 later decisions quote this exact passage · from the majority
   e.g. Wheat v. Denver & R. G. W. R. Co. · 12 Utah 2d 183 - Siciliano v. Denver and Rio Grande Western R. Co.

2. ““Unless it clearly appears from the court record that an excessive verdict in a personal injury action resulted from prejudice or passion rather than an undue liberality exercised by the jury in awarding damages, the trial court’s action in remitting a part of the verdict instead of granting a new trial will not be disturbed.” [ 48 Utah 528 , 161 P. 462 .]”

   1 later decision quote this exact passage · from the majority
   e.g. Pauly v. McCarthy

3. “is in a much better position [than are we] to observe and determine whether a jury was actuated by passion or prejudice, or by both, in returning a verdict for an amount larger than the evidence justifies, or whether the jury was merely mistaken with regard to the amount that should have been allowed.”

   1 later decision quote this exact passage · from the majority
   e.g. Wheat v. Denver & R. G. W. R. Co.