89 Wash. 2d 932 - Moore v. Smith’s Empirical Analysis
1978
Citation profile
2 district · 35 state decisions
How this case has been cited
Cited by 37 later decisions — most recently November 2018 · most notably 124 Wash. 2d 158 - Havens v. C & D PLASTICS, INC. (1994), Hawkins v. Harris (1995)
2 district · 35 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Gertz v. Robert Welch, Inc. · 13 Wash. 2d 485 - Peasley v. Puget Sound Tug & Barge Co. · 85 Wash. 2d 151 - Miller v. Kennedy · 11 Wash. App. 272 - Miller v. Kennedy · 60 Wash. 2d 836 - Gardner v. Malone
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An order denying a new trial will not be reversed except for abuse of discretion. The criterion for testing abuse of discretion is: `[H]as such a feeling of prejudice been engendered or located in the minds of the jury as to prevent a litigant from having a fair trial?'”
4 later decisions quote this exact passage“The determination of the propriety of a damage instruction is not, as appellants suggest, measured by a substantial evidence test. Once liability for damages is established, a more liberal rule is applied in allowing assessment of the amount of damages. Larson v. Union Inv. & Loan Co., 168 Wash. 5, 12 , 10 P.2d 557 (1932). In this case there was evidence which afforded a reasonable basis for estimating respondent's loss.”
1 later decision quote this exact passage“A much stronger showing of abuse of discretion will be required to set aside an order granting a new trial than an order denying one because the denial of a new trial `concludes [the parties'] rights.'”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.