Sherrod v. Berry’s Empirical Analysis

Citation profile

20 federal appellate · 3 district · 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable than it would be without the evidence."”

   2 later decisions quote this exact passage · from the dissent
   e.g. Sherrod v. Berry · Foley v. City of Lowell

2. ““The trial judge ably addressed defendant’s arguments contesting the admissibility of Mr. Smith’s testimony concerning the hedonic value of human life, 629 F. Supp. 159 (N.D. Ill. 1985). Judge Leighton explained that the rule against recovery of ‘speculative damages’ applies where it is uncertain whether the defendant caused the damages, or whether the damages flowed from his act. The fact that the measure or extent of the injury suffered may be uncertain does not bar recovery. Judge Leighton concluded, ‘The fact that the hedonic value of a human life is difficult to measure did not make either Smith’s testimony or the damages speculative.’ 629 F. Supp. at 164 . The testimony of expert economist Stanley Smith was invaluable to the jury in enabling it to perform its function of determining the most accurate and probable estimate of the damages recoverable for the hedonic value of Ronald’s life. The trial court committed no error by admitting that testimony.” Sherrod, 827 F.2d at 205-06.”

   1 later decision quote this exact passage · from the majority
   e.g. 211 Ill. App. 3d 70 - Fetzer v. Wood

3. “It seemed to me as though the passenger [Duckworth] was looking at the driver as more or less 'what are we going to do next?' " 7 Berry asked his partner Klepfer who had drawn his gun when Berry began to exit the squad car if Klepfer had the suspects under cover to which Klepfer responded affirmatively. At this time, Officer Berry raised his gun and approached the Cadillac. While approaching the suspects' vehicle, he observed the driver of the vehicle suddenly reach into his coat as if reaching for a weapon. Officer Berry, based on the suspects' refusal to raise their hands until he had given the command three times and the sudden movement of Sherrod's hand into an area where a weapon could easily be concealed (inside his coat) as well as his suspicion that an occupant of the car had participated in a "stick-up”

   1 later decision quote this exact passage · from the dissent
   e.g. Sherrod v. Berry