McDonald v. . Carson’s Empirical Analysis

Citation profile

1 federal appellate · 11 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We advert to a feature in the form of instructions aslced, in the first four of which the demand is, upon the preceding assumed state of facts, that the court shall tell the jury that the plaintiff cannot recover. This rests upon a misapprehension of the present practice, as we have before remarked in another case, and is corrected in the charge. The jury respond to the issues of fact, and upon their finding depends the question of law for the court to decide whether the plaintiff is entitled to judgment; that is, to recover. All the material facts upon which the plaintiff’s right of recovery depends must be found by the jury, when issues are submitted to them, and, upon the facts thus ascertained, the law determines the result, and the court declares the law. The verdict is not now, as under the old system, for the one party or the other, but it settles the controverted allegations, and presents the facts for the judgment of the court.””

   1 later decision quote this exact passage · from the majority
   e.g. Postal Telegraph-Cable Co. v. Grantham