Higgs v. Monroe’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The burden of proof is upon plaintiff, and, as has been declared in a long line of decisions, it is not sufficient for a plaintiff to make out a case that is merely probable but the requirement is that he must establish his case by a preponderance of evidence with legal certainty. Spears v. Brown Paper Mill Co. Inc., La.App., 9 So.2d 332 ; Powell v. American Employers Ins. Co., La.App., 14 So.2d 333 ; White v. Delta Shipbuilding Co., Inc., La.App., 24 So.2d 490 ; Pierce v. Delta Tank Mfg. Co., La.App., 39 So.2d 908 ; Franks v. Department of Highways for Louisiana, La.App., 43 So.2d 491 ; Driggers v. Coal Operators Casualty Co., La.App., 73 So.2d 602 ; Higgs v. Monroe, La.App., 77 So.2d 555 . There is, therefore, an incontrovertible rule well established in the jurisprudence of this State that the plaintiff in an action in tort, as in other cases, bears the burden of proof; he is required to establish his claims to a legal certainty by a reasonable preponderance of the evidence. Mere possibilities and even unsupported probabilities are insufficient to support a judgment. Roberts v. M. S. Carroll Co., Inc., La.App., 68 So.2d 689 .””

   1 later decision quote this exact passage
   e.g. Martin v. Westchester Fire Insurance Co.