Ferris v. McQueen’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ In speaking of the other claims of fraud made by counsel for defendant, the court stated to the jury: “ ‘Fraud must be proved, and must not be inferred from slight circumstances. Fraud may be proved, however, by circumstantial evidence as well as positive proof. Where fraud is charged, express proof is not required. It may be inferred from strong presumptive circumstances. Fraud will not be presumed upon slight circumstances or mere suspicion, but the circumstances must be such as to. amount to clear proof, before a party can be held liable for fraud; and it must be consistent with the acts of fraud charged, and inconsistent with honesty and good faith.’ “It is claimed that this was error; that it was misleading to the jury; that the court was in error in stating that ‘fraud must be proved, and must not be inferred from slight circumstances;’ and, again, in saying that ‘it may be inferred from strong presumptive circumstances.’ “In O’Donnell v. Segar, 25 Mich. 378, it appears that the jury were told by the trial court that ‘ they could not infer fraud, and that it could not rest upon implication.’ It was said by this court: “ ‘We know of no such rule of evidence in reference to the question of fraud. It is, like any other fact, to be proved by any facts and circumstances which satisfy the mind of its existence, and may be, and generally is, when found, inferred from circumstances, and cannot often be proved in any other way.’ “ The court in the present case, however, told t”

   2 later decisions quote this exact passage
   e.g. Krolik v. Lang · McNaughton v. Smith