Kauffman v. Maier’s Empirical Analysis
1892
Citation profile
4 federal appellate · 133 state decisions
How this case has been cited
Cited by 139 later decisions — most recently December 1981 · most notably 53 Cal. 2d 427 - Yarrow v. State of California (1960), People v. Castro (1901)
4 federal appellate · 133 state decisions — followed in 11 states
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 Sappenfield v. Main Street & Agricultural Park Railroad · Cahill v. . Hilton · Jenney Electric Light & Power Co. v. Murphy · People v. Fong Ching · People v. Walden
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 139 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The proposition of the appellant, that this court is limited upon this appeal to a consideration of the grounds specified in the order granting the new trial, is untenable. A party has the right to move for a new trial upon any or all of the grounds permitted by the statute, and if the record on which his motion is based discloses more than one ground for which a new trial should be granted, the court cannot, by stating in its order that the motion is granted upon one ground only, and denied upon the others, deprive the other party of the right to a review by this court of the entire record. The action of the court below is limited to granting or refusing a new trial, and except in those cases in which it is justified in limiting the new trial to one or more designated issues, the effect of an order granting a new trial is to place the cause in the position it held before any trial had been had. ... A motion for a new trial is a proceeding in the nature of a new action wherein the statement or bill of exceptions corresponds to the complaint, and the specifications of error to a demurrer thereto, and the action of the trial court in sustaining the motion is to be treated on the same principles. If there be any grounds upon which its action can be upheld, the order will be sustained, irrespective of the particular ground given by that court, whether in an opinion or by a statement in the order itself.” (See, also, River Farms Co. of California v. Superior Court of the City and”
1 later decision quote this exact passagee.g. Gray v. Robinson“Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law,”
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.